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AMMON CITY COUNCIL MEETING
November 05, 2026 - 6:00 pm
Ammon City Hall
2135 S Ammon Road, Ammon, ID 83406
PUBLIC COMMENT
AGENDA
CALL TO ORDER:
-
Mayor Brian Powell at 6:00 p.m.
-
Pledge of Allegiance – Council Member Wheeler
-
Prayer – Council Member Hamberlin
AWARDS CEREMONY:
1. Mayor’s Community Service Awards
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: October 08 and 15, 2026 – Regular Meeting - Page 2
3. Addendum to Sanitation Agreement with Eagle Rock Sanitation - Page
12
4. Findings of Fact and Conclusions of Law for Cutler Rezone - Page 17
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Consideration of Ordinance 752 - Ron’s Tire Ammon Subdivision Public
Utility Easement Vacation - (Cindy Donovan, City Planner) - Page 27
2. Consideration of the North Village Division 5 and 6 Standard
Development Agreement - (Cindy Donovan, City Planner) - Page 35
DISCUSSION ITEMS:
1. Miscellaneous
ADJOURN
The following guidelines for public
comment have been adopted:
1. Before an individual may be
heard, the Mayor, Council
President, or Commission Chair
must recognize them.
2. Individuals recognized for
comment shall provide their name
and address for the record.
Individuals must utilize the podium
at the front of the room and not
speak from their seat.
3. Individuals must direct comments
to the Commission or Council, not
other individuals within the room.
Individuals must limit comments to
three (3) minutes or less.
4. Individuals must avoid repetitious
comments or ideas that have
already been presented.
5. All comments shall be made
courteously, respectfully, and civilly.
Inflammatory, disrespectful,
degrading statements, heckling,
applause, or obscene or indecent
language will not be tolerated.
Individuals that violate these
guidelines may be asked to leave
the meeting.
UPCOMING
- November 12, 2026, Work Session
- November 19, 2026, City Council
- December 03, 2026, City Council
ACCESS TO MEETINGS
MEETINGS WILL BE AVAILABLE VIA
ZOOM:
AVAILABLE UPON REQUEST-
EMAIL THE CITY CLERK 24 HOURS
PRIOR TO THE MEETING AT
CLERK@CITYOFAMMON.US
INDIVIDUALS NEEDING ACCOMMODATION DUE TO DISABILITY MUST CONTACT CITY HALL
NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE
Next Resolution Number: 2026-021; Next Ordinance Number: 753
Ammon City Council
November 05, 2026
Page 1 of 52
AMMON CITY COUNCIL MINUTES
THURSDAY, OCTOBER 08, 2026 – 4:30 P.M.
2135 SOUTH AMMON ROAD
WORK SESSION AGENDA
DISCUSSION ITEMS:
1. Utility Payment Late Fee Discussion - (Jennifer Belfield, Finance Director)
2. Starter Home Subdivision Ordinance Research and Proposal - (Heather McBride, Assistant
Planner)
3. Model Home Ordinance Discussion - (Heather McBride, Assistant Planner & Kris Oswald, City
Council)
4. Granite Creek Development Agreement - (Cindy Donovan, City Planner)
ADJOURN
MINUTES
City Officials Present:
Mayor Brian Powell
Council President Scott Wessel
Councilmember Nolan Wheeler
Councilmember Kris Oswald
Councilmember Heidi Boyle
Councilmember Jeff Fullmer
Councilmember Sid Hamberlin
City Attorney Weston Davis
City Administrator Micah Austin
City Clerk Joanna Dahm
City Planner Cindy Donovan
City Engineer Morgan Stewart
Finance Director Jennifer Belfield
Assistant Planner Heather McBride
Public Works Director Rick Gehrke
Customer Solutions Supervisor Crystal
Byington
City Officials Absent:
CALL TO ORDER:
Mayor Brian Powell called the meeting to order at 4:30 p.m.
DISCUSSION ITEMS:
1. Utility Payment Late Fee Discussion - (Jennifer Belfield, Finance Director)
Mayor Powell stated this came up last week when a resident came to City Council concerned
about the late fees being charged for utility services.
Jennifer Belfield started the conversation, describing the history of the late fee rates. In 2010 the
late fee was updated from $0.50 to $1.00, then in 2018 we updated the fee to $5.00, as well as
Ammon City Council Regular Meeting 10.08.2026 Page 1 of 3
Ammon City Council
November 05, 2026
Page 2 of 52
changing the process to charge the late fee after one week late, previously it was charged the
day after it was late. In 2024, the late fee was updated to $10.00. These late fees help cover the
processing costs, as well as postage, paper, and staff time. Finance Director Belfield stated they
want people to pay their bills on time, they do not want to charge the late fees. It is a cash flow
issue however, when customers do not pay their bills on time as we budget so conservatively, we
need the cash to pay the bills. She also explained that staff is very understanding and does write
off late fees, if it was an oversight or a customer had an issue with the automatic billing. They try
to be flexible. On average they write off $200 monthly in late fees. She stated that as late fees
have gone up the number of customers paying late has gone down. She did let the council know
they don’t take many complaints concerning the late fees. People just pay them.
Council Member Boyle asks why we do a flat fee, instead of a percentage. Jennifer stated it is a
minimum of the flat fee or 18%, whichever is greater. Council Member Fullmer asked City
Attorney Davis if the City is in compliance and not charging excessive. City Attorney Davis stated
that as long as the City is not making a profit, they are covering their costs, then they are not
excessive and are considered reasonably related to the costs.
2. Starter Home Subdivision Ordinance Research and Proposal - (Heather McBride, Assistant
Planner)
Assistant Planner McBride presented a draft ordinance and stated staff has been working
diligently to establish a Starter Home Subdivision Ordinance. Idaho Falls established a committee
and herself and Council Member Boyle went to the meetings. Staff has met with the City of
Idaho Falls twice, as well as a meeting with Ammon staff to draft the proposed ordinance. The
next step is to hold public information meetings at the end of October. We want to provide
education to the public before the public hearing. We plan to hold the public hearing in
December. This is a blend of State Code and the Idaho Falls direction, ours will differ slightly as
Idaho Falls has different zoning requirements. Assistant City Planner McBride explained lot sizes
and set back requirements.
Council President Wessel asked if we have any potential properties in Ammon that would qualify
for this. Assistant Planner McBride stated yes there are a few.
3. Model Home Ordinance Discussion - (Heather McBride, Assistant Planner & Kris Oswald, City
Council)
Assistant City Planner McBride stated we had a few issues with model home requests last year,
Council Member Oswald asked that we discuss this. Assistant Planner McBride stated the
difference between needing a conditional use permit or not.
Council Member Oswald discussed concerns with model homes being used as commercial office
space. That’s not right for a neighborhood. I am fine with a model home being used as such but
not as a commercial office space. I feel we do need to amend our ordinance. Council discussed
current and past model homes throughout the City Assistant Planner McBride explained that a
time limit on model homes after the certificate of occupancy is issued may resolve concerns with
a model home affecting an established subdivision. Council directed staff to bring an
amendment with a three year maximum time limit for model homes.
4. Granite Creek Development Agreement - (Cindy Donovan, City Planner)
City Administrator Austin stated they have paid their fees, so it is now in discussions, this can be
Ammon City Council Regular Meeting 10.08.2026 Page 2 of 3
Ammon City Council
November 05, 2026
Page 3 of 52
discussed here but no more side discussions or visiting the site.
City Planner Donovan presented to the City Council the history of the Granite Creek
Development, and previous divisions. City Planner Donovan went through the potential changes
that would be included in the amendment. City Planner Donovan stated the developer is
requesting a delay construction for 49th S until division 3 is completed. This is all about
negotiating. City Planner Donovan reads the special conditions. Kirk Woolf, the Developer
explained his reasoning for requesting an amendment to the development agreement delaying
the construction of S 49th East.
Miscellaneous
Council President Wessel motion to adjourn
ADJOURN at 7:18 pm
______________________________
Brian Powell, Mayor
______________________________
Joanna Dahm, City Clerk
Ammon City Council Regular Meeting 10.08.2026 Page 3 of 3
Ammon City Council
November 05, 2026
Page 4 of 52
AMMON CITY COUNCIL MINUTES
THURSDAY, OCTOBER 15, 2026 – 6:00 P.M.
2135 SOUTH AMMON ROAD
AGENDA
CALL TO ORDER:
-
Mayor Brian Powell at 6:00 p.m.
-
Pledge of Allegiance – Council Member Hamberlin
-
Prayer – Council Member Fullmer
CONSENT AGENDA:
1. Accounts Payable Report: Exhibit A
2. Minutes: October 01, 2026 – Regular Meeting
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit)
ACTION ITEMS:
1. Request from Eagle Rock Sanitation to Increase Commercial Sanitation Rates - (Micah Austin,
City Administrator)
2. Consideration of Cutler Rezone from RP-A to R1-A - (Cindy Donovan, City Planner)
3. Consideration of the North Village Division 5 Final Plat - (Cindy Donovan, City Planner)
4. Consideration of the North Village Division 6 Final Plat - (Cindy Donovan, City Planner)
5. Consideration of the North Village Division 5 and 6 Standard Development Agreement - (Cindy
Donovan, City Planner)
6. Consideration of the Suitter Park Subdivision Master Plan - (Cindy Donovan, City Planner)
7. Consideration of the Suitter Park Subdivision Division 1 Preliminary Plat - (Cindy Donovan, City
Planner)
8. Consideration of the Suitter Park Subdivision Division 1 Standard Development Agreement -
(Cindy Donovan, City Planner)
DISCUSSION ITEMS:
1. Granite Creek Division 3 Standard Development Agreement - (Cindy Donovan, City Planner)
2. Miscellaneous
ADJOURN
MINUTES
Ammon City Council Regular Meeting 10.15.2026 Page 1 of 7
Ammon City Council
November 05, 2026
Page 5 of 52
City Officials Present:
Mayor Brian Powell
Council President Scott Wessel
Councilmember Kris Oswald
Councilmember Heidi Boyle
Councilmember Jeff Fullmer
Councilmember Sid Hamberlin
City Staff Present:
City Attorney Weston Davis
City Administrator Micah Austin
City Clerk Joanna Dahm
City Planner Cindy Donovan
Assistant Planner Heather McBride
City Engineer Morgan Stewart
City Officials Absent:
Councilmember Nolan Wheeler
CALL TO ORDER:
Mayor Brian Powell called the meeting to order at 6:05 p.m. Council Member Hamberlin led the pledge
of allegiance and Council Member Fullmer gave a prayer.
CONSENT AGENDA:
Accounts Payable Report: Exhibit A
Minutes: October 01, 2026 – Regular Meetings
It was moved by Council Member Boyle and seconded by Council Member Fullmer to approve the
Consent Agenda
Wheeler, absent; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) - None
ACTION ITEMS:
1. Request from Eagle Rock Sanitation to Increase Commercial Sanitation Rates - (Micah Austin,
City Administrator)
City Administrator Austin started the conversation by talking about the background starting in 2019. We
did an RFP, we used to service all commercial services ourselves, but we found our costs were about
20-30% more than an outside company. The decision was made to off load those services. One of the
things they had to agree to was that they cannot raise their own rates without approval from the City
Council. At this time they are requesting a rate increase that is entirely tied to the Bonneville County
tipping fees. These rates will not be charged until Bonneville County begins charging Eagle Rock
Sanitation.
Council President Wessel asked if diesel goes down will the surcharge be eliminated? City Administrator
Austin stated no.
Council paused the conversation waiting on Kim Galloway from Eagle Rock.
Discussion resumed at 7:14pm, now that Kim Galloway is present at the meeting.
Kim Galloway-6285 W 33rd S, Idaho Falls
Ammon City Council Regular Meeting 10.15.2026 Page 2 of 7
Ammon City Council
November 05, 2026
Page 6 of 52
Mayor Powell asks about the rate, your rate increase is about 180% of the increase. Kim stated it was our
calculation based on the weight divided by the cubic yards. Is commercial waste heavier than residential
waste? Kim stated yes it is about 250 pounds per cubic yard. Is the rate the same for anywhere else you
are picking up? Kim stated yes, we run trucks throughout all of Bonneville county. Mayor Powell asked if
they could charge less. Kim stated the fuel surcharge will drop off at about $3.00 per gallon. City
Administrator Austin asked if they would be increasing if it wasn’t for the tipping fees. Kim stated no.
Council President Wessel do you anticipate a date this will go into effect? We are waiting in the county.
Probably January or February.
It was moved by Council President Wessel and seconded by Council Member Fullmer to approve
Request from Eagle Rock Sanitation to Increase Commercial Sanitation Rates, Council President
modifies motion to include subject to verification and additional addendum, Fullmer seconds the
motion
Wheeler, absent; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
2. Consideration of Cutler Rezone from RP-A to R1-A - (Cindy Donovan, City Planner)
City Planner Donovan addresses the Council. Staff recommends denial not in compliance. City Planner
Donovan reads through the staff report.
It was moved by Council President Wessel and seconded by Council Member Hamberlin to approve
Cutler Rezone from RP-A to R1-A
Wheeler, absent; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
3. Consideration of the North Village Division 5 Final Plat - (Cindy Donovan, City Planner)
City Planner Donovan addresses the council. Staff recommends approval. City Planner Donovan reads
the staff report.
Curtis Johnson-4593 Sunrise Lane, Iona
Council President Wessel asks about construction access, why don’t they have one. Curtis Johnson stated
they have not done it before. The drivers know to only use the one access point. They will sweep and
spray the streets down with water.
City Engineer Stewart stated that due to fire codes they have to use both access points, and do not have
additional room to put in a 3rd access for construction purposes.
It was moved by Council President Wessel and seconded by Council Member Oswald to approve the
the North Village Division 5 Final Plat
Wheeler, absent; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
Ammon City Council Regular Meeting 10.15.2026 Page 3 of 7
Ammon City Council
November 05, 2026
Page 7 of 52
4. Consideration of the North Village Division 6 Final Plat - (Cindy Donovan, City Planner)
City Planner Donovan addressed the City Council, staff recommends approval. City Planner Donovan
reads the staff report.
Council President Wessel asks what the non-buildable lots will be, City Planner Donovan stated those will
be green space. Mayor Powell asks when they anticipate construction. Curtis Johnson stated they hope
to start this fall and work through the winter. Will start the bridge and get it built before the water comes
through.
It was moved by Council Member Fullmer and seconded by Council Member Hamberlin to approve the
North Village Division 6 Final Plat
Wheeler, absent; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
5. Consideration of the North Village Division 5 and 6 Standard Development Agreement - (Cindy
Donovan, City Planner)
City Planner Donovan addressed the City Council, staff recommends approval. City Planner Donovan
reads the staff report.
Curtis stated they have met all the open space requirements as requested, we have had a lot of residents
as they have moved in, and have requested a park. We have been telling them no, it's open space. As
more people have requested it we thought maybe we should add a park between division 4 and 5. As I
see this we are paying a contribution fee and we are building a park, so we are paying double. We have a
dilemma: do we build a park or do we do the open space. By the time this project is done we will have
contributed $520,000. We have put in $280,000 in open space already. The Council President asked who
would maintain it. Curtis stated the HOA would. Wants to divert contribution fees for division 5 and 6 to
putting in the park and pickleball courts in the subdivision. We have already contributed $428,000
through division 4.
City Attorney Weston Davis by stating that by allowing neighborhood parks you are alleviating the strain
on the other city parks. City Attorney Davis also stated that the city can’t rely on it being a public park, as
it is a private park.
It was moved by Council Member Oswald and seconded by Council Member Wessel to table the North
Village Division 5 and 6 Standard Development Agreement until further discussion
Wheeler, absent; Oswald, yes; Wessel, yes; Boyle, yes; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
Council Member Boyle leaves the meeting at 7:34 pm
6. Consideration of the Suitter Park Subdivision Master Plan - (Cindy Donovan, City Planner)
Ammon City Council Regular Meeting 10.15.2026 Page 4 of 7
Ammon City Council
November 05, 2026
Page 8 of 52
Assistant Planner Heather McBride addresses the Council and reads the staff report.
It was moved by Council Member Oswald and seconded by Council Member Hamberlin to approve the
the Suitter Park Subdivision Master Plan
Wheeler, absent; Oswald, yes; Wessel, yes; Boyle, absent; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
7. Consideration of the Suitter Park Subdivision Division 1 Preliminary Plat - (Cindy Donovan, City
Planner)
Heather McBride addresses the Council, and reads the staff report.
John Dupree-Mountain West Engineering - 112 West Main St, Rigby- I was asked by my client, who was
unable to attend tonight, to read a written statement. Mr. Dupree reads a statement from a client.
Mayor Powell stated there are a lot of requests. Mayor Powell asked City Planner Donovan if everything
was discussed previously. City Planner Donovan stated all fees and construction were discussed. City
Attorney Davis, stated that considering there are a number of issues that were brought up, if we could
get that statement and allow staff to follow up, so the City Council can understand the information. The
City Council was prepared to make a decision based on the information that was provided in the packet.
Mayor Powell stated when things are brought up that we didn’t have time to review it gives us pause.
Mr. Dupree stated the prospective buyer would love for this to be tabled.
Steve-Mountain West Engineering-112 West Main,Rigby - To add to what John has said the main thing
we are looking at is to develop one lot the only way to get access is to split the road. The issues are the
buyer is being required to make improvements on all sections of the road further than the property
lines.
City Administrator Austin, we met with the prospective buyer and discussed each item in detail.
Council President Wessel, aren't costs reimbursable from other buyers? City Planner Donovan stated yes.
City Attorney Davis stated it would be best if you give the written statement to the City Clerk, and then it
can be reviewed further and then the City Council will be better equipped to answer questions.
The written statement was given to the City Clerk.
It was moved by Council Member Fullmer and seconded by Council Member Hamberlin to table the
the Suitter Park Subdivision Division 1 Preliminary Plat under further discussion
Wheeler, absent; Oswald,yes; Wessel, yes; Boyle, absent; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
8. Consideration of the Suitter Park Subdivision Division 1 Standard Development Agreement -
(Cindy Donovan, City Planner)
It was moved by Council Member Fullmer and seconded by Council President Wessel to table the
Suitter Park Subdivision Division 1 Standard Development Agreement until further discussion
Ammon City Council Regular Meeting 10.15.2026 Page 5 of 7
Ammon City Council
November 05, 2026
Page 9 of 52
Wheeler, absent; Oswald, yes; Wessel, yes; Boyle, absent; Fullmer, yes; Hamberlin, yes. Motion passes
unanimously with vote by roll call.
DISCUSSION ITEMS:
1. Granite Creek Division 3 Standard Development Agreement - (Cindy Donovan, City Planner)
City Planner Donovan addresses the City Council- she stated she did send out the staff report
again as well as a chart to help everyone understand what is in the current agreement and what
would be included in the new agreement. The current agreement has no parks contribution fees
required, and the retention pond in division 13 would provide space and that would be a City
Park. No law enforcement contribution fee was required previously, but now would be required.
Previously they didn’t opt into Ammon Fiber, we will include that Ammon Fiber at this point and
the developer has agreed to that. Improvements to the South side of E 49th S along the frontage
to S 25th E, prior to building permits in division 3, with no reimbursement possibilities. That is in
the current agreement. The new agreement improves the North and South side of E 49th S,
along the frontage to S 25th E with the possibility of reimbursement.
A contract was required in the original agreement with Idaho Falls for the construction of
Intersection of 49th and 25th, but the contract with Idaho Falls would remain. Would include the
preparation for the signal that would be placed at that intersection, with the proper street
signage required in both. Roadway pavements in the current agreement, roadway
preconstruction survey of the existing streets is now in the amended agreement. There was no
requirement for street lights at the intersections of arterials, we are now requiring street lights at
intersections. There were no per lot fees for well 13 and storage tank and property, which is now
being required. Right of Way for Thousand Springs Road was the current agreement, those
improvements have shown up on drawings, those came in with the commercial piece to the
West. We are now requiring the right of way for Thousand Springs Road with an established time
period. We would like to have the Right-of-Way property within 30 days of the agreement.
City Planner Donovan stated they don’t have their pressurized irrigation system at this point. We
have run into this issue in previous developments, being hooked up to their culinary water
supply and causing cross contamination. We want to have that in place before CO's are issued.
Mayor Powell asked if the developer has seen the updated requirements. City Planner Donovan
stated it was sent but she has not heard back. Mayor Powell stated this is probably a win for the
City and the Developer. Mayor Powell would like to tighten up the time lines, or at least a firm
timeline. Cindy stated at this point he has had 5 years, that 49th was supposed to be done
before division 3 building permits, that is where my concern is.
Council President Wessel asked if we have received requests for building permits in division 3.
City Planner Donovan stated the home builder started putting in requests for building permits
about 6 weeks ago, we have been working with them and letting them know what is going on
and where the process is. They have paid the developer money. We have not billed them for the
building permits or done anything with them. Council Member Hamberlin asked City Planner
Donovan if she thinks it is a financial issue. She stated no.
City Planner Donovan stated the developer wants to wait on finishing the Thousand Springs with
division 4, the issue is once division 3 is in that is 40 homes with only 1 ½ roads. That is an issue.
Ammon City Council Regular Meeting 10.15.2026 Page 6 of 7
Ammon City Council
November 05, 2026
Page 10 of 52
Council Member Hamberlin stated he feels we need to hold these developers responsible.
2. Miscellaneous
Council Member Hamberlin- EIRSD project is delayed by roughly 3 weeks, as they are waiting on
parts. The Sheriff's office has stated if any council members would like a tour of the jail please
reach out.
Mayor Powell- As you can see the remodel is still in progress, the goal is to be done at the end of
October, before the November meetings start back up.
Council Member Oswald- Bonneville County Sheriff’s Office has welcomed a new Sgt-Ryan
Krumblis, we met him yesterday and he is great.
City Engineer Morgan Stewart-1st street out to bid as of noon today, closes November 10th. A
press release was sent out. Construction will begin March 30-May 5th.
City Planner Donovan- Traffic commission updated, waived bike lane parking citation due to the
way they were striped. Yield signs on Twozer lane. Bonneville County will be having a public
hearing, property is contiguous, single family homes. We would be interested in annexation. They
didn’t follow the protocol possibly due to them having new staff. Cottonwood estates, already an
existing part of the city.
Jeff Fullmer-Curlew round-a-bout has no lights, it is extremely dark when going through there at
night, can we get some sort of lighting added?
City Clerk Dahm - Just as a reminder to those who signed up for the AIC Fall district meeting, it is
next Tuesday, October 20th.
City Administrator Micah Austin- I was able to speak to Colter Hanson, he says the Turtle Bay
Club House is sold as ownership, not membership. He stated he has documents to prove that, he
also stated he doesn’t use it for commercial purposes or rent it out. He has asked for an email
from the City with all questions listed out and he will take it to the board of directors and they
will draft an official response.
Council Member Hamberlin motion to adjourn
ADJOURN at 8:50 p.m.
______________________________
Brian Powell, Mayor
______________________________
Joanna Dahm, City Clerk
Ammon City Council Regular Meeting 10.15.2026 Page 7 of 7
Ammon City Council
November 05, 2026
Page 11 of 52
ADDENDUM #2 TO COMMERCIAL SOLID WASTE
COLLECTION SERVICES AGREEMENT
This Addendum to Commercial Solid Waste Collection Services Agreement ("Addendum") is
made effective as of October 15, 2026, by and between the City of Ammon, a municipal corporation of
the State of Idaho, hereinafter referred to as "City", and Eagle Rock Sanitation, Inc., hereinafter referred
to as "ERS." The City and ERS are collectively referred to herein as the "Parties."
The Parties hereby agree to modify the Escalation Clause for Billing Services contained in
paragraph 12 of the Commercial Solid Waste Collection Services Agreement, dated February 7, 2019, and
as previously amended in May 2024, to the following:
12.
Escalation Clause for Billing Services.
Charges for collection services within the City of Ammon for commercial solid waste collection
services performed under this Agreement are shown in Exhibit C to this Agreement. In October
2026, and at the request of ERS, the Ammon City Council approved an increase in the total
charges for collection services to include a pass-through Bonneville Disposal Fee. Updated rates
for October 15, 2026, and forward, are shown in Exhibit C to this Agreement. This increase in
the charges for collection services is effective for the remainder of the Agreement, unless further
modified as noted in the remainder of this paragraph. Rates may increase only after ERS has
received approval for a rate increase by the City Council at a regular session of the Ammon City
Council and the same shall not exceed more than five percent (5%) in any one year above the
previous year without explicit addendum. Rates may reduce to reflect the actual Bonneville
Disposal Fee should the actual cost amount anticipated by Exhibit “C” be less than reflected.
12A.
Annual Rate Review.
Notwithstanding the foregoing, the rates for commercial solid waste collection services, including
but not limited to the base rates, surcharges, and the Bonneville Disposal Fee, shall be reviewed
by the City Council at least once annually in conjunction with the City of Ammon's review of all
other fees for municipal services. ERS shall provide necessary financial or operational
documentation upon request to support the annual review process.
Additional terms:
A. This Addendum shall be deemed effective as of the date set forth above and shall be incorporated
into and made part of the Commercial Solid Waste Collection Services Agreement, dated
February 7, 2019, previously executed by the Parties.
B. In the event of any conflict between the terms of this Addendum and the terms of the original
Commercial Solid Waste Collection Services Agreement, dated February 7, 2019, or any prior
addendums, this Addendum shall prevail.
C. Except as expressly modified herein, all other terms and conditions of the Commercial Solid
Waste Collection Services Agreement shall remain in full force and effect.
Ammon City Council
November 05, 2026
Page 12 of 52
D. This Addendum shall be construed in accordance with and governed by the laws of the State of
Idaho, with jurisdiction solely in the district court for Bonneville County.
IN WITNESS HEREOF the parties have executed this document this ____ day of ______________,
2026.
Eagle Rock Sanitation, Inc.
_________________________________
By:
Its:
_________________________________
_______________________________
Mayor, City of Ammon
Attest: Ammon City Clerk
Ammon City Council
November 05, 2026
Page 13 of 52
STATE OF IDAHO
)
:ss.
County of Bonneville
)
On this ______ day of ___________, 2026, before me the undersigned, a Notary Public for Idaho,
personally appeared __________________, known to me to be the ___________________ of Eagle Rock
Sanitation, Inc., that he/she executed the instrument or the person who executed the instrument on behalf
of said Eagle Rock Sanitation, Inc., and acknowledged to me that Eagle Rock Sanitation, Inc. executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
________________________________
Notary Public for the State of Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO
)
:ss.
County of Bonneville
)
On this ______ day of ___________, 2026, before me the undersigned, a Notary Public for Idaho,
personally appeared Brian Powell, known to me to be the Mayor of the City of Ammon, Idaho, that he
executed the instrument or the person who executed the instrument on behalf of said City of Ammon,
Idaho, and acknowledged to me that City of Ammon, Idaho executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
________________________________
Notary Public for the State of Idaho
Residing at:
My Commission Expires:
Ammon City Council
November 05, 2026
Page 14 of 52
EXHIBIT C - 2026 RATES
Price for DUMPSTER per month
State
Sales Tax
Franchise
fee @8%
Bonneville
Disposal
Fee
TOTAL
Every other
week service
3 yd service
$ 26.17
$ 0.40
$ 2.09
$51.60
$80.26
4 yd service
$ 34.88
$ 0.50
$ 2.79
$68.80
$106.97
6 yd service
$ 52.34
$ 0.60
$ 4.19
$103.20
$160.33
8 yd service
$ 69.75
$ 0.80
$ 5.58
$137.60
$213.73
Once per week
service
3 yd service
$ 52.34
$ 0.40
$ 4.19
$103.20
$160.13
4 yd service
$ 69.75
$ 0.50
$ 5.58
$137.60
$213.43
6 yd service
$ 104.27
$ 0.60
$ 8.34
$206.40
$319.61
8 yd service
$ 139.50
$ 0.80
$ 11.16
$275.20
$426.66
Twice per week
service
3 yd service
$ 104.68
$ 0.40
$ 8.37
$206.40
$319.85
4 yd service
$ 139.50
$ 0.50
$ 11.16
$275.20
$426.36
6 yd service
$ 209.35
$ 0.60
$ 16.75
$412.80
$639.50
8 yd service
$ 279.01
$ 0.80
$ 22.32
$550.40
$852.53
Ammon City Council
November 05, 2026
Page 15 of 52
Three times per
week
3 yd service
$ 157.01
$ 0.40
$ 12.56
$309.60
$479.63
4 yd service
$ 209.25
$ 0.50
$ 16.74
$412.80
$639.29
6 yd service
$ 312.83
$ 0.60
$ 25.03
$619.20
$957.66
8 yd service
$ 418.51
$ 0.80
$ 33.48
$825.60
$1,278.39
Four times per
week
3 yd service
$ 216.68
$ 0.40
$ 17.33
$412.80
$647.21
4 yd service
$ 279.01
$ 0.50
$ 22.32
$550.40
$852.23
6 yd service
$ 417.11
$ 0.60
$ 33.37
$825.60
$1,276.68
8 yd service
$ 558.01
$ 0.80
$ 44.64 $1,100.80
$1,704.25
Five times per
week
3 yd service
$ 261.70
$ 0.40
$ 20.94
$516.00
$799.04
4 yd service
$ 348.75
$ 0.50
$ 27.90
$688.00
$1,065.15
6 yd service
$ 521.38
$ 0.60
$ 41.71 $1,032.00
$1,595.69
8 yd service
$ 697.50
$ 0.80
$ 55.80 $1,376.00
$2,130.10
Six times per
week
3 yd service
$ 314.04
$ 0.40
$ 25.12
$619.20
$958.76
4 yd service
$ 418.51
$ 0.50
$ 33.48
$825.60
$1,278.09
6 yd service
$ 613.55
$ 0.60
$ 49.08 $1,238.40
$1,901.63
8 yd service
$ 837.01
$ 0.80
$ 66.96 $1,651.20
$2,555.97
Ammon City Council
November 05, 2026
Page 16 of 52
Date:
November 5, 2026
To:
Mayor Powell and City Council
Presenting:
Cindy Donovan – Planning Director
Subject:
Staff Report regarding the request to rezone 0.469 acres in the Bridgewater subdivision
from RP-A to R1-A
Cutler Rezone Request Findings of Fact and Conclusions of Law
Summary of Analysis
1. City Council, by unanimous vote, denied the request of rezoning 0.469 acres in Bridgewater
Division 9 to R1-A on October 15, 2026
2. The Findings of Fact and Conclusions of Law are based on the following information:
● Not being harmonious with the density and character of the existing neighborhood
● Not compliant with the transitional zoning encouraged in the Comprehensive Plan
● The proposal would put the Bridgewater Division 9 R1-A density over the 4.0 units per
acre based on the current net density requirements if the lot is subdivided.
● Rezone will cause a depreciation in surrounding home values due to inconsistent density
in deviation of the Comprehensive Plan and map for the area.
Parcel Characteristics
-
General Location: north of Lin Road, east of Silvermaple Drive, south of Greenwillow Lane, and
west of Hollow Drive
-
Lot Size: 0.469 acres
-
Current Zone: RP-A
-
Requested Zone: R1-A
Motion
I move to approve the Findings of Fact and Conclusions of Law regarding the Cutler Rezone
Request.
Attachments:
1. Vicinity Map
2. Findings of Fact, Conclusions of Law
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 1
Ammon City Council
November 05, 2026
Page 17 of 52
Public Hearing 2026-013 - Vicinity Map
Shaylee Cutler - Bridgewater Lot Rezone
Ammon City Council
November 05, 2026
Page 18 of 52
Site Location
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 1
IN RE:
APPLICATION NO. A2026-020
SHAYLEE CUTLER
CUTLER REZONE REQUEST
FINDINGS OF FACT, CONCLUSIONS OF
LAW, AND DECISION
APPLICANT:
SHAYLEE CUTLER
OWNER:
SHAYLEE CUTLER
PROJECT:
CUTLER REZONE REQUEST
APPLICANT REQUEST: Applicant requests a rezone of 0.469 acres presently zoned RP-A
Residence Zone into R1-A Residence Zone
LOCATION:
Bridgewater Division 9, Block 13, Lot 15
EXISTING ZONING:
RP-A Residence Zone
SURROUNDING
ZONING:
RP-A and R1-A
SURROUNDING USE:
Residential
PARCEL SIZE:
0.469 acres
SECTION 1: BACKGROUND FACTS
Summary of Application
•
Applicant requests to rezone 0.469 acres from RP-A Residence Zone.
•
Applicant’s proposal would allow for more densely populated attached residential zoning (R1-A)
than presently permitted by the City in the current zoning (RP-A).
Notices & Hearings
•
Planning and Zoning Commission (the “Commission”)
o Publication Notice: At least 15 days prior to the public hearing, on September 18, 2026,
notice of the Commission’s public hearing on the forgoing application was published in
the Post Register newspaper in Bonneville County in accordance with I.C. § 67-6511.
o Mailing Notice Adjoining Property Owners: At least 15 days prior to the public hearing,
on September 16, 2026, notice of the Commission’s public hearing was mailed to
adjoining property owners within 300 feet in accordance with I.C. § 67-6511.
o Additional Mailing Notice: At least 15 days prior to the public hearing, on September 16,
2026, notice was also mailed to (1) applicable utility providers and (2) applicable
political subdivisions providing services to the property. I.C. § 67-6511.
o Posting Notice: No less than 1 week prior to the public hearing, on September 23, 2026,
notice of the Commission’s public hearing on the forgoing application was posted on the
Property in accordance with I.C. § 67-6511.
Ammon City Council
November 05, 2026
Page 19 of 52
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 2
o Hearing: Public Hearing #2026-013 was held before the Commission on October 7,
2026 where it also approved its reasoned statement.
•
City Council (the “Council”)
o No public hearing was held before the Council.
SECTION 2: DECISION STANDARDS & PROCEDURES
Standards
•
Unless otherwise stated by City Code, the Commission is a recommending body to the Council.
See Ammon City Code § 2-1-5 and §10-10 and I.C. § 67-6511(2) (zoning). Recommendations
from the Commission are not binding on the Council. The decision of the Council is constrained
to the record created at hearing and applicable law.
•
Zoning decisions must consider applicable provisions of the comprehensive plan, local
ordinances and regulations, and applicable services of those political subdivisions who serve the
property. I.C. § 67-6511(2).
•
Planning and zoning actions are entitled to a strong presumption of validity in application and
interpretation of local ordinances.
•
Review of Council decision is subject to the following:
67-5279. SCOPE OF REVIEW — TYPE OF RELIEF.
(1) The court shall not substitute its judgment for that of the agency as to the weight
of the evidence on questions of fact.
[…]
(3) When the agency was required by the provisions of this chapter or by other
provisions of law to issue an order, the court shall affirm the agency action unless the
court finds that the agency’s findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the agency;
(c) Made upon unlawful procedure;
(d) Not supported by substantial evidence on the record as a whole; or
(e) Arbitrary, capricious, or an abuse of discretion.
If the agency action is not affirmed, it shall be set aside, in whole or in part, and
remanded for further proceedings as necessary.
(4) Notwithstanding the provisions of subsections (2) and (3) of this section, agency
action shall be affirmed unless substantial rights of the appellant have been prejudiced.
[…]
SECTION 3: APPLICABLE STANDARDS AND CRITERIA AUTHORITY
Applicable Sections of Comprehensive Plan to Application:
•
2018 Comprehensive Plan, as amended by Resolution 2023-003R
•
Future Land Use Map dated January 15, 2026, adopted by Resolution 2026-001R, Public
Hearing 2025-019. Key: City of Ammon boundary within the heavy black dashed line low
density (yellow), park (green), and industrial (gray).
Ammon City Council
November 05, 2026
Page 20 of 52
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 3
•
Chapter 1 Foreword, page 5: This Ammon Comprehensive Plan is intended to guide
development in the City of Ammon in a manner that achieves the shared vision expressed by its
citizens for the future of their city, their communities, and their neighborhoods.
•
Chapter 2. Purpose, page 6: "This Comprehensive Plan is intended as a pathway for achieving a
shared vision for the future of the City of Ammon as it continues to age, change, and grow. The
plan will serve as a framework for decisions regarding existing and new developments in Ammon
for the foreseeable future."
Applicable Sections of Zoning Code to Application:
•
Chapter 1 Purpose 10-1-2: PURPOSE: The zone boundaries and regulations made in
accordance with a comprehensive plan designated to promote the health, safety, peace,
convenience, and general welfare of the inhabitants of Ammon.
o A. To promote the orderly growth and development of the City in accordance with the
Comprehensive Plan.
o F. To protect property values
o G. To avoid undue concentration of population and prevent the overcrowding of land.
o I. To promote and foster a wholesome, serviceable, and attractive City.
•
Chapter 1 Declaration 10-1-3: In establishing the zones, the boundaries thereof and the
regulations applying within each of the zones, due and careful consideration was given, among
other things, to the suitability of land for particular uses with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout the City.
•
Chapter 4 Amendments 10-4-1: ORDINANCE AND MAP MAY BE AMENDED: This zoning
ordinance, including the map, may be amended, supplemented, changed or modified from time to
time, consistent with Idaho Code Title 67, Chapter 65. The official zoning map of the City shall
be amended after any re-zone, annexation or other change to this title that may affect the official
zoning map. It shall be the policy of the City to display and have available the most up to date
zoning map as possible. Any change to the official zoning map shall be considered adopted after
Ammon City Council
November 05, 2026
Page 21 of 52
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 4
any ordinance effecting this Title as it relates to the official zoning map of the City has been
published.
•
Chapter 13 RP-A Residence Zone (current zone) 10-13-1: GENERAL OBJECTIVES AND
CHARACTERISTICS OF ZONE: The objective in establishing the RP-A Residence Zone is to
provide a residential environment within the City which is characterized by smaller lots and
somewhat denser residential environment than is characteristic of the RP Residence Zone.
Nevertheless, this zone is characterized by spacious yards and other residential amenities
adequate to maintain desirable single-family residential conditions. The principal uses permitted
in this zone shall be single-family dwelling units and certain other public facilities needed to
promote and maintain stable residential neighborhoods. No single lot, regardless of the status of
platting in the RP-A Residence Zone shall contain more than one dwelling unit, except as
specifically allowed by this Title. This zone does not allow density that will exceed 2.5 living
units per acre.
•
Chapter 14A R1-A Residence Zone (requested zone) 10-14A-1: GENERAL OBJECTIVES
AND CHARACTERISTICS OF ZONE: The objective in establishing the R1-A Residence Zone
is to provide a residential environment within the City which is characterized by somewhat
smaller lot width. Also characteristic of this zone are residential amenities adequate to maintain
desirable residential neighborhoods. The principal permitted uses in the R1-A Residence Zone
shall be single-family dwelling units and one structure containing two (2) single-family dwelling
units as ordinarily referred to as townhouses and certain other public facilities which are
necessary to promote and maintain stable residential neighborhoods. This zone does not allow
density that will exceed four (4.0) dwelling units per acre.
•
Chapter 37 Residential District Uses 10-37-2 (A)
o RP-A properties require a minimum lot size of 13,000 square feet, 1,200 square feet of living
space for a single-story home, 2,000 square feet of living space for a two-story home, a
minimum 90-foot lot width, and ten-foot side yards.
o R1-A properties require a minimum lot size of 6,000 square feet, 1,000 square feet of living
space for a single-story home, 1,500 square feet of living space for a two-story home, a
minimum 52-foot lot width, and eight-foot side yards.
SECTION 4: FINDINGS OF FACT
Based upon the record and testimony presented to the Council, IT FINDS THE FOLLOWING FACTS:
Relevant Uncontested Facts
A. The property is currently zoned RP-A and was platted as part of Bridgewater Division 9, recorded
on August 14, 2020. The property is a buildable residential single family detached lot.
B. The property is surrounded on the North, South, and East by RP-A zoning, single-family
detached homes, which does not allow housing density of greater than 2.5 homes per acre with a
minimum lot size of 13,000 ft2. This surrounding RP-A zone in the existing subdivision provides
spacious yards and larger homes.
C. The proposed rezone of the subject property to R1-A would have approximately two times
smaller minimum lot sizes (6,000 ft2), which would result in an entitlement to the subject lots
being approximately one-half the size of the lots immediately to the North, East, and South.
D. The Comprehensive Plan Future Land Use Map depicts the property as low density residential.
Ammon City Council
November 05, 2026
Page 22 of 52
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 5
E. The current RP-A zone is an applicable zone in low density residential areas.
F. The Bridgewater Subdivision has existed for almost twenty (20) years with large homes protected
by a homeowner’s association (HOA).
Reasoned Findings on Relevant Contested/Conflicting Facts
G. Surrounding citizens of homes of RP-A zoning disagreed with the introduction of attached homes
away from Silvermaple Drive, which are not consistent with the existing detached homes along
Lin Road and Hollow Drive
H. In January 2019, there was a request to amend the Comprehensive Plan Future Land Use Map
and rezone property to designate a single street, Silvermaple Drive, to have single family attached
housing. This property is adjacent property on Silvermaple Drive but is not on Silvermaple Drive.
The property is at the intersection of Lin Road and Hollow Drive which have only single family
detached housing.
I. Surrounding landowners testified homes will depreciate in value due to smaller, less expensive
homes being constructed adjacent to neighboring larger more expensive homes adjacent to the
property. Title 10 Chapter 13 RP-A Residence Zone requires larger lots and homes than Title 10
14-A R1-A Residence Zones.
SECTION 5: CONCLUSION OF LAW
1. The City of Ammon is a municipal corporation organized under Article XII of the Idaho
Constitution and the laws of the State of Idaho, Title 50, Idaho Code;
2. Under Chapter 65, Title 67 of the Idaho Code, the City has passed a land use and zoning code,
Title 10;
3. Under Chapter 2, Title 50 of the Idaho Code, the City has passed an annexation procedures
ordinance, Title 11.
4. The Council has authority to hear the applicant’s request pursuant to the Ammon Municipal
Code.
5. The City of Ammon has provided adequate notice for the review of this application.
6. The process adhered strictly to procedural requirements outlined in Idaho Code § 67-6535 and
Ammon City Ordinances (Section 10-4-4). A public hearing was transparently held, providing all
stakeholders with substantial opportunity to voice their positions and ensuring fair due process.
7. This requested proposal DOES NOT COMPLY with the 2018 Comprehensive Plan BECAUSE:
a. Chapter 1 of the Comprehensive Plan anticipates a shared vision expressed by its
citizens. The proposal submitted is contrary to the vast testimony presented in opposition.
Moreover, the proposed higher density lot would be surrounded by a lower density
subdivision providing for larger yards and detached homes. The proposal does not fit the
original development design for the Bridgewater Subdivision.
b. Chapter 2 of the Comprehensive Plan anticipates preserving the character of existing
neighborhoods and ensuring new developments integrate harmoniously with established
areas for a shared vision. During the evaluation process, it became evident through public
feedback and Council deliberations that the proposed rezoning and subsequent
development would negatively impact neighborhood harmony due to its density and
character.
Ammon City Council
November 05, 2026
Page 23 of 52
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 6
c. Chapter 10 of the Comprehensive Plan encourages transitional zoning from higher
density uses to lower density uses near intersections of major and minor arterials. This
proposal does not fit transitional zoning of a higher density use buffering a lower density
use.
8. Understanding this is a request for a rezone, this requested proposal DOES NOT COMPLY with
the zoning ordinance BECAUSE:
a. Ammon City Code § 10-1-2 (Purpose): Ammon City Code § 10-1-2(A)(F)(G)(I) states
zoning should promote orderly growth, protect property values, and avoid overcrowding.
b. Ammon City Code § 10-1-3 (Declaration): The above findings of the Council and those
below both demonstrate this land is not suitable for the requested rezone and that the
existing zone (RP-A) conforms with the surrounding neighborhood as opposed to the
higher requested density (R1-A).
c. Ammon City Code § 10-13-1 (RP-A Zone). The requested zone, provides for spacious
yards, a larger minimum lot size, and larger homes, as seen in the existing surrounding
subdivision. RP-A zones require a minimum lot size of 13,000 square feet and limit
density to 2.5 units per acre, thus preserving existing neighborhood densities.
d. Ammon City Code § 10-14A-1 (R1-A Zone). This zone has a higher units per acre density
than the majority of the Bridgewater Subdivision which is zoned as RP-A. R1-A density
allows 4.0 units per acre compared to RP-A which is 2.5 units per acre. Additionally, R1-
A allows attached units which are not allowed in the existing or surrounding city zoning.
The R1-A Zone allows a maximum density of 4.0 units per acre. The proposal would put
the Bridgewater Division 9 R1-A density over the 4.0 units per acre based on the current
net density requirements if the lot is subdivided.
9. The proposed application DOES NOT protect and improve the public health, safety and welfare
BECAUSE:
a. Rezone would not be harmonious with the character and density of existing houses in the
surrounding RP-A zoned property.
10. The proposed application WILL have a negative fiscal impact upon the existing citizens of the
City of Ammon BECAUSE:
a. Rezone will cause a depreciation in surrounding home values due to inconsistent density
in deviation of the Comprehensive Plan and map for the area.
SECTION 6: DECISION
THEREFORE, the Ammon City Council denies the proposed application for the reasons set forth
above.
SECTION 7: NOTICE TO APPLICANT OF RIGHTS
This is a final decision by the Council. Rights regarding final decisions by the Council are
dictated by City Ordinance; a regulatory taking analysis may be requested pursuant to Idaho Code
§ 67-8003; and an affected person aggrieved by a final decision may seek review of this decision
in accordance with Idaho Code § 67-6535 and Idaho Rule of Civil Procedure 84 after all remedies
have been exhausted under local ordinance.
Ammon City Council
November 05, 2026
Page 24 of 52
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 7
The City Council of the City of Ammon hereby adopts these Findings of Fact, Conclusions of Law, and
Decision this 5th day of November, 2026.
________________________________
Mayor Brian Powell
_______________________________
Attest: Joanna Dahm, City Clerk
Ammon City Council
November 05, 2026
Page 25 of 52
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 8
CERTIFICATE OF SERVICE
I hereby certify that on this 6th day of November, 2026, I served a true and correct copy of the
foregoing document upon the following:
Applicant Shaylee Cutler
4794 N Forest Way
Idaho Falls, ID 83401
[x] Mailing
[x] E-Mail: shayleecutler37@gmail.com
_____________________________________________
City Clerk
Ammon City Council
November 05, 2026
Page 26 of 52
Date:
November 5, 2026
To:
Mayor Powell and City Council
Presenting:
Cindy Donovan – Planning Director
Subject:
Staff Report regarding a request to vacate 5 feet of a 15 foot public utility easement in
the Ron’s Tire Ammon Subdivision
Approval of Ordinance 752 to Vacate a Portion of a Public Utility Easement
Staff Recommendation
-
Staff recommends approval of Ordinance 752
Compliance
-
This application is in compliance with Idaho Code § 50-1306A
Summary of Analysis
1. This request is to vacate 5 feet of a 15 foot public utility easement in the Ron’s Tire Ammon
Subdivision. There will still be a 10 foot public utility easement available for use.
2. There are not currently any utilities within this public utility easement.
3. The easement was dedicated as part of the Ron’s Tire Ammon Subdivision plat, recorded on July
16, 2025.
4. The applicant is requesting the vacation to allow for increased buildable area within the
commercial lot for site design.
5. Idaho Code § 50-1306A states that utility easements can be vacated without public notice if all
easement holders agree in writing. Staff has received signed statements from Sparklight, Iona
Bonneville Sewer District, Intermountain Gas, and Rocky Mountain Power.
Applicant’s Request:
-
Approval of the partial vacation of the public utility easement in the Ron’s Tire Ammon
Subdivision
-
Presented by Curtis Johnson, Rockwell Homes
Motion
See ordinance and summary script as provided by the City Clerk.
Attachments:
1. Ordinance 752
2. Vacation Exhibit
3. Ron’s Tire Ammon Subdivision Plat
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 1
Ammon City Council
November 05, 2026
Page 27 of 52
Ordinance #752 – Vacation of Public Utility Easement Ron’s Tire Ammon Subdivision
Page 1 of 4
CITY OF AMMON
ORDINANCE NO. 752
AN ORDINANCE VACATING A PORTION OF A PUBLIC UTILITY
EASEMENT IN THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO AS
AN AMENDMENT TO THE PLAT THEREOF; FOR THE SOLE AND
EXCLUSIVE USE OF THE ABUTTING AND ADJOINING OWNERS;
PARTICULARLY DESCRIBING SAID EASEMENT, DETERMINING THAT
SAID VACATION WILL NOT INTERFERE WITH THE PUBLIC USE OR
CONVENIENCE AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
ORDINANCE.
(A portion of Ron’s Tire Ammon Subdivision)
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
AMMON, IDAHO THAT:
WHEREAS, a request was presented to the City of Ammon, Bonneville County, Idaho,
for an amendment of the Ron’s Tire Ammon Subdivision plat (Bonneville County Instrument
#1792933) to vacate a portion of a Public Utility Easement on Block 1 Lot 2 of the Ron’s Tire
Ammon Subdivision plat, as defined on page 2, pursuant to the provisions of the Idaho Code;
and,
WHEREAS, it is not necessary to hold a public hearing before the City Council under the
authority of the Idaho Code Section 50-1306A as the affected easement holders have been
notified of the proposed vacation and agreed to the same in writing, and
WHEREAS, those portions of the Public Utility Easement hereinafter described and to be
vacated, are no longer necessary for the public use and convenience, and the vacation thereof will
not affect or lessen the public convenience and necessity,
NOW THEREFORE, be it hereby ordained by the Mayor and City Council of the City of
Ammon:
.
Ammon City Council
November 05, 2026
Page 28 of 52
Ordinance #752 – Vacation of Public Utility Easement Ron’s Tire Ammon Subdivision
Page 2 of 4
Section 1.
(1)
The affected easement holders have been notified of the proposed vacation and agreed to
the same in writing.
(2)
That the City Council has determined that it is not necessary to hold a public hearing
before the City Council and under the authority of Idaho Code Section 67-6509 and have
declined to do so in this request for vacation of said Public Utility Easement.
(3)
That the following described property public utility easement located in the City of
Ammon, Bonneville County, Idaho, be vacated and abandoned.
Section 2.
That the following described Public Utility Easement located in the City of Ammon,
Bonneville County, Idaho, shall be and the same hereby vacated and abandoned:
LEGAL DESCRIPTION
Public Utility Easement to be Vacated
RON’S TIRE AMMON SUBDIVISION
(PUBLIC UTILITY EASEMENT VACATION)
THE VACATION OF A PORTION OF A 15-FOOT-WIDE PUBLIC UTILITY EASEMENT
OF WHICH IS 5 FEET IN WIDTH ALONG THE WEST LOT LINE OF LOT 2, BLOCK 1,
RON’S TIRE AMMON SUBDIVISION, CITY OF AMMON, BONNEVILLE COUNTY,
IDAHO PURSUANT TO INSTRUMENT NO. 1792933 AND FOR WHICH IS MORE
SPECIFICALLY DESCRIBED AS FOLLOWS.
BEGINNING AT A POINT THAT IS N.89°37’54”E. ALONG THE LOT LINE 10.00 FEET
FROM THE NORTHWEST CORNER OF LOT 2, BLOCK 1, RON’S TIRE AMMON
SUBDIVISION, CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; RUNNING
THENCE N.89°37’54”E. ALONG SAID LOT LINE 5.00 FEET; THENCE S.00°22’06”E.
203.62 FEET TO A POINT ON A CURVE WITH A RADIUS OF 725.00 FEET AND A
CHORD BEARING N.89°34’02”W. 4.75 FEET; THENCE TO THE RIGHT ALONG SAID
CURVE 4.75 FEET THROUGH A CENTRAL ANGLE OF 00°22’32”; THENCE
N.89°22’46”W. 0.25 FEET; THENCE N.00°22’06”W. 203.55 FEET TO THE POINT OF
BEGINNING.
Section 3. That the property described herein upon which said Public Utility Easement is
located, shall revert to the underlying owners, free and clear of such Public Utility Easement.
Section 4.
This ordinance shall become effective upon its passage by the City Council, approval by
the Mayor and due publication.
Ammon City Council
November 05, 2026
Page 29 of 52
Ordinance #752 – Vacation of Public Utility Easement Ron’s Tire Ammon Subdivision
Page 3 of 4
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 5th day of
November, 2026.
________________________________
Brian Powell, Mayor
City of Ammon
ATTEST:
______________________________
Joanna Dahm, City Clerk
City of Ammon
STATE OF IDAHO
)
) ss.
County of Bonneville
)
I, JOANNA DAHM, CITY CLERK OF THE CITY OF AMMON, IDAHO, DO
HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the
Ordinance entitled,
AN ORDINANCE VACATING A PORTION OF A PUBLIC UTILITY
EASEMENT IN THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO AS
AN AMENDMENT TO THE PLAT THEREOF; FOR THE SOLE AND
EXCLUSIVE USE OF THE ABUTTING AND ADJOINING OWNERS;
PARTICULARLY DESCRIBING SAID EASEMENT, DETERMINING THAT
SAID VACATION WILL NOT INTERFERE WITH THE PUBLIC USE OR
CONVENIENCE AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
ORDINANCE.
(A portion of Ron’s Tire Ammon Subdivision)
Dated this 5th day of November, 2026.
____________________________________
Joanna Dahm, City Clerk
Ammon City Council
November 05, 2026
Page 30 of 52
Ordinance #752 – Vacation of Public Utility Easement Ron’s Tire Ammon Subdivision
Page 4 of 4
CITY OF AMMON
BONNEVILLE COUNTY, IDAHO
SUMMARY OF
ORDINANCE NO: #752
AN ORDINANCE VACATING A PORTION OF A PUBLIC UTILITY
EASEMENT IN THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO AS
AN AMENDMENT TO THE PLAT THEREOF; FOR THE SOLE AND
EXCLUSIVE USE OF THE ABUTTING AND ADJOINING OWNERS;
PARTICULARLY DESCRIBING SAID EASEMENT, DETERMINING THAT
SAID VACATION WILL NOT INTERFERE WITH THE PUBLIC USE OR
CONVENIENCE AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
ORDINANCE.
(A portion of Ron’s Tire Ammon Subdivision)
The full text of this ordinance is available at the City Clerk’s Office, Ammon City
Office, 2135 S. Ammon Road, Ammon, Idaho.
ATTEST:
CITY OF AMMON
_______________________ ________________________
Joanna Dahm, City Clerk
Brian Powell, Mayor
I have reviewed the foregoing summary and I believe that it provides a true and
complete summary of Ordinance #752 and the summary provides adequate notice to the public of
the contents of this ordinance.
DATED this 5th day of November, 2026.
__________________________
Weston Davis, City Attorney
Ammon City Council
November 05, 2026
Page 31 of 52
N89°37'54"E 237.00'
S00°22'06"E 189.15'
S77°08'53"W 55.60'
R: 740.00'
L: 174.00'
CH: 173.60'
S83°53'04"W
S89°22'46"E 9.99'
5'
15'
EXISTING 15' PUE
NEW PROPOSED 10' PUE LINE
5' OF VACATED PUE
RON'S TIRE
SUBDIVISION
LOT 2 BLOCK 1
1.139 AC
15' PUE
N00°22'06"W 218.38'
SURVEYED BY:
DRAWN BY:
PROJECT NO.
APPROVED BY:
AGLE ROCK
NGINEERING
CIVIL PLANNING SURVEYING
IDAHO FALLS (208) 542-2665
E
REXBURG (208) 359-2665
OFFICES AT:
1331 Fremont Ave.
Idaho Falls, Idaho 83402
343 E 4th N, Suite 119
Rexburg, Idaho 83440
RON'S TIRE AMMON SUBDIVISION LOT 2 BLOCK 1
K. ROLAND
R. JORDAN
K. ROLAND
26040
DATE:
October 14, 2026
CAD NAME: X_PUE VACATION EXHIBIT.DWG
PUBLIC UTILITY EASEMENT VACATION EXHIBIT
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 38 EAST
BOISE MERIDIAN
CITY OF AMMON, BONNEVILLE COUNTY, IDAHO
W
E
S
N
0
60'
60'
30'
SCALE: 1" = 60'
PROJECT BOUNDARY
EXISTING UTILITY EASEMENT
PROPOSED PUBLIC UTILITY EASEMENT (P.U.E.)
LEGEND
Ammon City Council
November 05, 2026
Page 32 of 52
RON'S TIRE AMMON SUBDIVISION
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 38
EAST, BOISE MERIDIAN,
Tee
e4
f
Recorded for:
Penny Mann
Instrument
Ex-Offici
Bonneville
@7/16/2025
Index to:
Duoolf4
0. 48 CITY OF AMMON, BONNEVILLE COUNTY, IDAHO 2025
mY <9) SURVEYOR'S CERTIFICATE OWNERS! DEDICATION
Ro !
n° bal
oe mi |, SPENCER MCCUTCHEON , A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IDAHO, DO HEREBY CERTIFY HEALTH DEPARTMENT CERTIFICATE OF APPROVAL eae gr pets: 3 eragheNs Wan A nagteg png ets baat LLC, A IDAHO LIMITED LIABILITY COMPANY,
5 Oe THAT THE SURVEY OF THIS SUBDIVISION PROJECT, DESIGNATED AS RON'S TIRE AMMON SUBDIVISION, AN ADDITION TO THE a is dpi Matera ake 5 bee pods dup ORIGED fee Se peed Wits oe es ee
=| THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, WAS MADE UNDER MY DIRECTION, AND THAT SAID SUBDIVISION PLAT IS SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13 HAVE BEEN SATISFIED BASED ON THE KNOWN AS RON'S TIRE AMMON SUBDIVISION, A SUBDIVISION OF THE CITY OF AMMON, IDAHO, BONNEVILLE COUNTY, IDAHO.
2 Gr zo> TRULY AND GORRECTLY SURVEYED AND STAKED AS PROVIDED BY LAW AND IN ACCORDANCE WITH THE ACCOMPANYING DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW AND APPROVAL FOR THE DESIGN PLANS AND SPECIFICATIONS AND THE
Oe S23 PLAT AS BE SCRE OES EON: CONDITIONS IMPOSED ON THE DEVELOPER FOR CONTINUED SATISFACTION OF SANITARY RESTRICTIONS. WATER AND BE IT FURTHER KNOWN, THAT OWNER DOES HEREBY DEDICATE GRANT AND CONVEY TO THE PUBLIC, ALL STREETS AND
9) stead SEWER LINE HAVE BEEN COMPLETED AND SERVICES CERTIFIED AS AVAILABLE. SANITARY RESTRICTIONS MAY BE RIGHT-OF-WAYS SHOWN HEREON, THAT OWNER ALSO DOES HEREBY GRANT AND CONVEY TO THE CITY OF AMMON ALL
mPa G5 REIMPOSED, IN ACCORDANCE WITH SECTION 50-1326,,QAHO CODE, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL. Bertie esr FOREVER AS IRREVOCABLE PERMANENT NON-EXCLUSIVE PUBLIC EASEMENTS AS SHOWN AND
maicue /y — :
38™ 8. bAtF PS EREBY T TO LOTS 2, AND 3 OF
Bes SECRETE OWNER DOES HEREBY GRANT AND CONVEY TO LOTS 2, AND 3 OF BLOCK 4, A PRIVATE CROSS-ACCESS EASEMENT AS
PLS NO. 20807
DATE OF PLAT: 5-12-2025
BOUNDARY DESCRIPTION
A PARCEL OF LAND THAT LIES FULLY WITHIN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 2 NORTH RANGE 38
EAST, BOISE MERIDIAN. BEING 4.689 ACRES OF LAND AS FOUND IN THE WARRANTY DEED INSTRUMENT NUMBER 1721455 AS
FOUND IN THE BONNEVILLE COUNTY RECORDER'S OFFICE. BASIS OF BEARING FOR THE SUBJECT PROPERTY IS SOUTH 00°
28' 59” EAST 2629.03 FEET BETWEEN THE FOUND SOUTHEAST CORNER AND THE EAST QUARTER CORNER OF SAID SECTION
22. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A SET 5/8" IRON ROD AND GAP MARKED PLS 20907, SAID POINT LIES 1496.54 FEET NORTH 00° 28' 59" WEST
ALONG THE SECTION LINE AND 286.83 FEET NORTH 00° 28' 59" WEST (287.04 FEET BY RECORD) ALONG THE SECTION LINE
AND 50.01 FEET NORTH 89° 22' 39" WEST (NORTH 89° 22' 56" WEST BY RECORD) FROM THE SOUTHEAST CORNER OF SECTION
22. TOWNSHIP 2 NORTH, RANGE 38 EAST OF THE BOISE MERIDIAN TO THE TRUE POINT OF BEGINNING; RUNNING THENCE
SOUTH 00° 28' 59" EAST 256.60 FEET, SAID LINE BEING 50 FEET WEST AND PARALLEL WITH THE SECTION LINE TO A SET 5/8"
IRON ROD AND CAP MARKED PLS 20807; THENCE SOUTH 44° 12° 34" WEST 42.20 FEET TO A NON-TANGENTIAL CURVE AND To
THE NORTH LINE OF THE BURR SUBDIVISION, DIVISION NO. 1, TO THE CITY OF AMMON, COUNTY OF BONNEVILLE, STATE OF
IDAHO ACCORDING TO THE RECORDED PLAT THEREOF AND TO A SET 5/8" IRON ROD AND CAP MARKED PLS 20907; THENCE
RUNNING THE FOLLOWING (4) FOUR COURSES ALONG THE NORTH LINE OF SAID BURR SUBDIVISION (1) WESTERLY 170.26
FEET ALONG THE ARC OF A 830.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A DELTA ANGLE OF 14° 45' 13" (NOTE: LONG
CHORD BEARS SOUTH 83° 01' 31" WEST 169.97 FEET) TO A FOUND 5/8" IRON ROD WITH NO CAP: (2) SOUTH 77° 08° 53" WEST
234.79 FEET TO A TANGINTIAL CURVE AND TO A FOUND 5/8" IRON ROD AND CAP MARKED PLS 722: (3) WESTERLY 174.00 FEET
ALONG THE ARC OF A 740.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A DELTA ANGLE OF 13° 28' 21" (NOTE: LONG
CHORD BEARS SOUTH 83° 53' 04" WEST 173.60 FT) TO A FOUND 5/8" IRON ROD AND CAP MARKED PLS 722: (4) NORTH 89° 22'
46" WEST 9.99 FEET TO THE EAST LINE OF TRAILWOOD VILLAGE, DIVISION NO. 9 TO THE CITY OF AMMON, COUNTY OF
BONNEVILLE, STATE OF IDAHO, ACCORDING TO THE RECORDED PLAT THEREOF AND TO A FOUND 1/2” IRON ROD AND CAP
MARKED PLS 722; THENCE NORTH 00° 22' 06" West 384.73 FEET (NORTH 00° 23' 19" WEST 384.83 FEET) ALONG SAID LINE TOA
FOUND 1/2" IRON ROD AND CAP MARKED PLS 10944; THENCE SOUTH 89° 22' 39" EAST 609.99 FEET (SOUTH 89° 22' 56" EAST BY
RECORD) TO THE TRUE POINT OF BEGINNING y
THE ABOVE-DESCRIBED PARCEL OF LAND CONTAINS 204,254 SQUARE FEET OR 4.689 OF AN ACRE OF LAND
CITY ACCEPTANCE 2
THE ACCOMPANY PLAT WAS DULY ACCEPTED AND APPROVED AND THE GRANTS AND DEDICATIONS ARE HEREBY ACCEPTED
BY THE CITY COUNCIL OF AMMON, IDAHO ADOPTED THIS
CITY ENGINEER
cn Faneee™
S
-
Lt,
“My * av
|, THE UNDERSIGNED COUNTY TREASURER IN AND FOR THE C TY OF BONNEVILLE, STATE OEM ato SURSUANT TO THE
NTY PROPERTY TAXES DUE FOR THE PROPERTY INCLUDED
DATE HEALTH DISTRICT SIGNATURE
DRINKING WATER SYSTEM CERTIFICATE
PURSUANT TO I.C. §50-1334, THE OWNER DOES HEREBY, CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT ARE ELIGIBLE TO
RECEIVE WATER FROM THE CITY OF AMMON MUNICIPAL WATER SYSTEM, AND SAID CITY HAS AGREED IN WRITING TO
PROVIDE CULINARY WATER SERVICE TO SAID LOTS PURSUANT TO THE PROVISIONS OF TITLE 8, CHAPTER 4 OF THE IDAHO
FALLS CITY CODE, AS AMENDED FROM TIME TO TIME.
IN WITNESS WHEREOF, OWNER HAS HEREUNTO SET ITS SIGNATURE THIS Zz ) DAY OF _. j Ute , 202 5 .
R& RSPORTS LLC, A IDAHO LIMITED LIABILITY COMPANY
RIS ROGERS, MANAGING MANAGER
FLOOD PLAIN
THIS SUBDIVISION FALLS OUTSIDE THE 100-YEAR FLOOD PLAIN AS PER MAP NO. 1600270235D. SUBDIVISION LOCATED IN
ZONE "X"
IRRIGATION WATER RIGHTS DISCLOSURE
NOTICE 1S HEREBY GIVEN THAT ALL LOTS OR PROPERTY INCLUDED WITHIN THIS PLAT ARE WITHIN PROGRESSIVE
IRRIGATION DISTRICT AND THAT A SUITABLE SURFACE WATER DELIVERY SYSTEM PLAN HAS BEEN APPROVED BY CITY OF
AMMON FOR SUCH LOTS OR PROPERTY. ALL LOTS WILL REMAIN SUBJECT TO ASSESSMENTS LEVIED BY SUCH IRRIGATION
DISTRICT AND EACH INDIVIDUAL PURCHASER/OWNER WILL BE RESPONSIBLE TO PAY SUCH ASSESSMENTS. ALL
ASSESSMENTS ARE A LIEN UPON THE LOTS OF PROPERTY UNLESS THE PURCHASER/OWNER FILES A PETITION REQUESTING
EXCLUSION FORM THE DISTRICT. THE PURCHASER/OWNER MAY FILE SUCH PETITION AT ANY FUTURE DATE. THE
OWNER/DEVELOPER IS OBLIGATED TO COMPLY WITH THE PROVISIONS OF I.C. §31-3805
PUBLIC UTILITY EASEMENT NOTE
UTILITIES SHALL HAVE THE RIGHT TO INSTALL, MAINTAIN, AND OPERATE THERE EQUIPMENT ABOVE AND BELOW GROUND
AND ALL OTHER RELATED FACILITIES WITHIN THE PUBLIC UTILITY EASEMENTS IDENTIFIED ON THIS PLAT MAP AS MAY BE
NECESSARY OR DESIRABLE IN PROVIDING UTILITY SERVICES WITHIN AND WITHOUT THE LOTS IDENTIFIED HEREIN,
INCLUDING THE RIGHT OF ACCESS FOR SUCH FACILITIES AND THE RIGHT TO REQUIRE OF ANY OBSTRUCTIONS INCLUDING
STRUCTURES, TREES AND VEGETATION THAT MAY BE PLACED WITHIN THE PUE. THE UTILITY MAY REQUIRE THE LOT OWNER
TO REMOVE ALL STRUCTURES WITHIN THE PUE AT THE LOT OWNER'S EXPENSE. AT NO TIME MAY ANY PERMANENT
STRUCTURES BE PLACED WITHIN THE PUE OR ANY OTHER OBSTRUCTION WHICH INTERFERES WITH THE USE OF THE PUE
WITHOUT THE PRIOR WRITTEN APPROVAL OF THE UTILITIES WITH FACILITIES IN THE PUE.
EXAMININ RVEYOR'S CERTIFICATE
| CERTIFY THAT | AM A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF IDAHO AND THAT | HAVE EXAMINED
THIS PLAT AND FIND THAT IT COMPLIES WITH I.C. §50-130
DATE: 23
SHOWN AND DESCRIBED HEREON AND LABELED AS CAE 1, THE SAID PRIVATE CROSS-ACCESS EASEMENT IS GRANTED BY
THE MUTUAL CONSENT AND AGREEMENT BETWEEN THE PARTIES, THE ADEQUACY AND RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, THAT THE OWNER ALSO DOES HEREBY GRANT, BARGAIN, AND CONVEY TO THE OWNER OF SAID LOTS
HEREAFTER REFERRED TO AS, BENEFITED CAE HOLDER/HOLDERS, ITS LICENSEES, INVITEES, AGENTS, SUCCESSORS, AND
ASSIGNS, THE FULL AND FREE RIGHT FOR SAID BENEFITED CAE HOLDER/HOLDERS AND SAID BENEFITED CAE
HOLDER'S/HOLDERS' TENANTS, INVITEES, LICENSEES, AND VISITORS TO THE PRIVATE CROSS-ACCESS AGREEMENTS
DESCRIBED HEREIN IN COMMON WITH ALL PERSONS DESIGNATED TO HAVE A LIKE RIGHT AT ALL TIMES HEREAFTER, FOR
INGRESS AND EGRESS AND VEHICULAR ACCESS, AND A PERPETUAL EASEMENT FOR ROADWAY PURPOSES, ON AND
AGROSS THE PROPERTY, EXCEPT FOR PARKING, THAT OWNER ALSO DOES HEREBY GRANT AND CONVEY TO THE CITY OF
AMMON FOREVER A NON-EXCLUSIVE IRREVOCABLE EASEMENT FOR RIGHT-OF-WAY FOR EMERGENCY VEHICLES AND
EMERGENCY RESPONDERS, ACROSS THE CROSS-ACCESS EASEMENTS CAE 1.
OWNER OR ITS HEIRS, SUCCESSORS AND ASSIGNS, AGREE THEY WILL CONSTRUCT NO PERMANENT STRUCTURE WITHIN
OR UPON ANY EASEMENT SHOWN HEREON, AND THE CITY OF AMMON AND ITS SUCCESSORS, ASSIGNS, PERMITEES OR
LICENSEES SHALL ALSO HAVE THE RIGHT, TO REMOVE, CUT OR TRIM ANY TREES, BRUSH, ORNAMENTAL SHRUBBERY OR
PLANT WHICH MAY INJURE OR INTERFERE WITH THE USE THEREOF FOR ITS INTENDED PURPOSES, SUCH RIGHT MAY BE
EXERCISED WITHOUT PRIOR NOTICE TO OWNER/OWNERS OR THEIR/ITS/HIS/HER HEIRS, SUCCESSORS OR ASSIGNS.
OWNER OR ITS HEIRS, SUCCESSORS OR ASSIGNS FURTHER AGREE THAT THEY SHALL NOT PLANT ANY TREES, BRUSH,
ORNAMENTAL SHRUBBERY OR PLANTS WHICH MAY HINDER THE SAFE AND EFFICIENT UTILIZATION OF SAID EASEMENTS.
OWNER OR ITS HEIRS, SUCCESSORS OR ASSIGNS, FURTHER AGREE THAT THEY SHALL CONSTRUCT NO STRUCTURES OR
MAINTAIN ANY OBSTRUCTIONS ON SAID CROSS-ACCESS EASEMENTS, INCLUDING BUT NOT LIMITED TO GATES, BARRIERS,
OR VEHICLES OF ANY TYPE :
OWNER OR ITS HEIRS, SUCCESSORS OR ASSIGNS, FURTHER AGREE TO MAINTAIN THE SAID GROSS-ACCESS EASEMENTS
AND TO REMOVE SNOW PURSUANT TO THE REQUIREMENTS OF THE INTERNATIONAL FIRE CODE §503 AS IT IS AMENDED
FROM TIME TO TIME, AND AS ADOPTED BY THE CITY OF AMMON.
OWNER OR ITS HEIRS, SUCCESSORS OR ASSIGNS HEREBY RELEASES THE CITY OF AMMON AND ITS SUCCESSORS,
ASSIGNS, PERMITEES OR LICENSEES FROM ANY CLAIM FOR DAMAGES, BASED UPON CONCEALED OR UNDISCLOSED
PRIVATE IMPROVEMENTS CONSTRUCTED OR PERMITTED TO BE CONSTRUCTED BY OWNER OR ITS SUCCESSORS OR
ASSIGNS WITHIN ANY PUBLIC EASEMENTS, SUBSEQUENT TO RECORDING THIS SUBDIVISION, THAT MAY BE INCURRED AS A
RESULT OF THE CITY OF AMMON AND ITS SUCCESSORS, ASSIGNS, PERMITEES OR LICENSEES ORDINARY USE OF THE
PUBLIC EASEMENTS WITH DUE CARE.
OWNER OR ITS HEIRS, SUCCESSORS OR ASSIGNS DO HEREBY WARRANT AND SHALL DEFEND SUCH DEDICATION AND
CONVEYANCES IN THE QUIET AND PEACEFUL POSSESSION OF THE PUBLIC OR THE CITY OF AMMON, AS THE CASE MAY BE,
AGAINST SAID OWNER AND ITS HEIRS, SUCCESSORS AND ASSIGNS, AND AGAINST EVERY PERSON WHOMSOEVER WHO
LAWFULLY HOLDS OR WHO LATER CLAIMS TO HAVE LAWFULLY HELD ANY RIGHTS IN SAID ESTATE AS OF THE DATE
HEREOF.
IN WITNESS WHEREOF, OWNER HAS HEREUNTO SUBSCRIBED ITS SEAL AND SIGNATURE THIS VA b DAY OF
: j Lune _» 202 :
R&RSP LLC, AID, LIMITED LIABILITY COMPANY
LUV 5 [lee
CHRIS ROGERS, MANAGING MANAGER
ACKNOWLEDGMENT
STATE OF \day 0 )
\
ON THIS \ DAY OF + yt 4 , 20> BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE,
PERSONALLY APPEARED:CHRIS ROGERS, KNOWN OR IDENTIFIED TO ME, TO BE A MANAGER OF THE LIMITED LIABILITY
COMPANY OF R & R SPORTS LLC, AND THE PERSON WHO SUBSCRIBED SAID LIMITED LIABILITY COMPANY'S NAME TO THE
FOREGOING OWNER'S DEDICATION AND THE DRINKING WATER SYSTEM CERTIFICATE AND ACKNOWLEDGED TO ME THAT
HE EXECUTED THE SAME IN SAID LIMITED LIABILITY COMPANY'S NAME AS A PERSON AUTHORIZED TO BIND SUCH LIMITED
LIABILITY COMPANY.
IN WITNESS WHEREOF, | HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND THE YEAR IN THIS
ERTIFICATE FIRST ABOVE WRIATEN.
MCKENZIE THOMAS
NOTARY PUBLIC - STATE OF IDAHO
COMMISSION NUMBER 20210463
MY COMMISSION EXPIRES 2-8-2027
NOTARY PUBLIC FOR THE STATE OF Ww
RESIDING AT: KONO NY W ,
LS ib
COMMISSION EXPIRATION DATE:
SHEET 1 OF 2
NO] REVISIONS DATE
XxX
OK
SLY
RECORDER'S CERTIFICATE
R&R SPORTS LLC
DRAWN:
SURVEYED:
FIELD WORK:
DATE: 5-12-2
COPYRIGHT
ALL REPORTS, DESIGN, FIELD DATE,
FIELD NOTES, DRAWINGS,
SPECIFICATIONS,
CALCULATIONS, ESTIMATES OR ANY
REPRESENTATION CONTAINED
HEREON ARE THE SOLE PROPERTY
OF ELEVATED LAND SURVEYING
UNLESS PREVIOUSLY ESTABLISHED
BY PRECEDENCE OR AGREEMENT.
| HEREBY CERTIFY THAT THE FOREGOING PLAT RON'S TIRE AMMON SUBDIVISION , WAS FILED IN THE OFFICE OF THE
RECORDER OF BONNEVILLE COUNTY, IDAHO
Doe Ne 1-16-2025
BONNEVILLE COUNTY RECORDER DATE
Instrument # 1782933
Bonneville County, Idaho Falls, Idaho
07/16/2025 03:18:48 PM Ne. of Pages:
Recorded fer: R AND R SPORTS LLS
Penny Manning Fee: $11.00
Ex-Officio Recerder Deputy
Index to: PLAT {
Ducolfi
ELEVATED
LAND SURVEYING
3534 APOLENA AVE IDAHO FALLS, ID
435-633-3012
VICINITY MAP (NOT TO SCALE)
AMMON, BONNEVILLE COUNTY, IDAHO
Page 33 0
Ammon City Council November 05, 2026 g
Ammon City Council
2/2
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RON'S TIRE AMMON SUBDIVISION
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 38
EAST, BOISE MERIDIAN,
CITY OF AMMON, BONNEVILLE COUNTY, IDAHO 2025
FOUND 1" DRILL STEEL WITH CENTER
PUNCH IN ASPHALT MARKING THE
T (TIE
, EAST QUARTER CORNER OF 22, T 2 i
OS N, R 38 E, B.M. 2 |
nee” CP&F 1636823 c) -
SCALE: 1" = 50' were ole
eS Lm ot 0" |
oS 3 Geen
0 50 400 (RS1 - $89° 22 56°E) $89° 22' 39"E 50.01 FT (TIE)
: A__$89° 22' 39"E 609.99 FT POB ee
ae 237.04 FT 40.01 FT 332.95 FT Y
BLOCK 11 =}. ieee ie ee Pe cy ee ; ee ee =
og putin DP ee ee ee ene ere 3
UTILITY iam Le
45' PUBLIC EASEMENT __
UTILITY CURVE TABLE z, se
EASEMENT - iS) ep)
nh r comes | weimer| meus | 8a | 8
tice F- LOT 3 c rT ° i. W = —~
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“AN 2 C5 181.06FT | 770.00 FT | 013°28'21" | 83° 53° 04"W 180.64 FT Cl . I %
we 79) Lu 3| a LL 2
ae 40' CROSS ACCESS iE LOT 1 = Rl m3 ¢
om (CAE1) AND SEWER AND Lo Te) way Ss
oo WATER EASEMENT 2 115,699SQ FT 0 a Bee
ah s N =| Ne
LOT 10 3s —/* : = fee} 2.656 AG 4 &9 ep) i<e) us
BLOCK 44 Bi oe) S89 37 54 W 237.00 FT Lu BLOCK 4 re) bi 2 AN =
5 © S a wk
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5 Oe aoe. © of a. “”
LOT 2 hs > 42.20 FT ’
— R e |
ti 49,616SQ FT © (R)
© 1.139 AC N 45' PUBLIC UTILITY a
© | is EASEMENT
ze s -O-
= C-3 /
LOT 15
BLOCK 114 N89° 20' 26"W 54.23 FT 30.00 FT
eres leone
, ey ee N89° 20' 26"w
agi 668.77 FT
N89° 22' 46"W 9.99 FT ee.
pol ee Pe
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LEGEND
BOUNDARY LINE
P.O.B. POINTOFBEGINNING (SQFT) SQUARE FEET |
ae en (TIE) P.0.B. TIE (AC) ACRES FOUND BRASS CAP IN VAULT
MARKING THE SOUTHEAST
Noe Pages fetes a, ont ee “ cexomuicepeming gee CORNER OF OF SEC. 22, T2.N, R38
INST. _ INSTRUMENT E, B.M.
—— —————__ 1S FTPUBLICUTILITY EASEMENT (P.UE) Pe Be eee
———---———— 20 FT PUBLIC UTILITY EASEMENT (P-UE) cpgr CORNER PERPETUATION AND FILING RECORD
-_— pa cee patent ais ) AND SEWER @ FOUND 3%" IRON ROD-AND CAP MARKED PLS 722 oy
rare or ink FOUNDALUMINUM CAP MARKED "PLS 722"
eenreriiie FOUND 54" IRON ROD AND CAP MARKED “PLS 20907
cous ine FOUND 3" IRON ROD AND CAP MARKED PLS 10944
eS le One
FOUND %" IRON ROD AND NO CAP.
FOUND 3" IRON ROD AND CAP MARKED PLS 722.
SET #" IRON ROD AND CAP MARKED PLS 20907
GOVERMENT PLSS MONUMENT (EAST/WEST QUARTER)
GOVERMENT PLSS MONUMENT (SECTION CORNER)
chaos > > 06
November 05, 2026
CALCULATIONS, ESTIMATES OR ANY
REPRESENTATION CONTAINED
HEREON ARE THE SOLE PROPERTY
OF ELEVATED LAND SURVEYING
UNLESS PREVIOUSLY ESTABLISHED
BY PRECEDENCE OR AGREEMENT.
SURVEYORS NARRATIVE
IT IS THE INTENT OF THIS PLAT AND THE SURVEY ON WHICH IT IS BASED TO GORRECTLY REPRESENT THE BOUNDARY
LINES AND PROPERTY CORNERS OF THE SUBJECT PARCEL AND TO CREATE A SUBDIVISION PLAT REQUESTED BY R&R
SPORTS LLC. THE BASIS OF BEARING FOR THE SUBJECT PROPERTY IS SOUTH 00° 28' 59” EAST 2629.03 FEET BETWEEN
THE FOUND SOUTHEAST CORNER AND THE EAST QUARTER CORNER OF SECTION 22, TOWNSHIP 2 NORTH, RANGE 38
EAST, BOISE MERIDIAN. SYSTEM IS DERIVED FROM DIRECTLY TO THE "CITY OF IDAHO FALLS COORDINATE SYSTEM OF
2004” WHICH IS DERIVED FROM THE IDAHO STATE PLANE COORDINATE SYSTEM (EAST ZONE 1101) US SURVEY FEET AND
USING A COMBINED SCALE FACTOR OF 1.000277265 FOR A GRID TO GROUND CONVERSION, NAD_83 (2011), EPOCH
2010.0000. THE SYSTEM ORIENTATION IS BASED ON GRID NORTH ALONG THE EAST ZONE CENTRAL MERIDIAN. NO
CONVERGENCE ANGLE HAS BEEN APPLIED. FOUND EVIDENCES AND MONUMENTS ARE REPRESENTED HEREON.
A RECORD OF SURVEY INSTRUMENT NO 1702922 WAS USED TO DETERMINE THE BOUNDARY LINES OF THE SUBJECT
PARCEL. THIS SURVEY WAS A RETRACEMENT OF THE BURR SUBDIVISION NO. 1 INSTRUMENT NO. 1239451 AND THE
TRAILWOOD VILLAGE DIVISION NO. 9 INSTRUMENT NO. 9. | LOCATED 10 MONUMENTS AS SHOWN ON THIS RECORD OF
SURVEY AND FOUND THEM TO MATCH BOTH THE RECORD DESCRIPTION AND THE SURVEY. | HAVE HELD THE
MONUMENTS AS CONTROLLING.
MY PROFESSIONAL OPINION IS RENDERED UPON THIS SUBDIVISION PLAT. THERE MAY EXIST OTHER EVIDENCE,
MONUMENTS, OR DOCUMENTS THAT COULD AFFECT THIS SURVEY. ANY NEW EVIDENCE, MONUMENTS, OR DOCUMENTS
CONTRADICTORY TO THIS SURVEY SHOULD BE PRESENTED TO ME FOR MY REVIEW AND CONSIDERATION.
REFERENCE BONNEVILLE COUNTY IDAHO
RS1 - RECORD OF SURVEY - ELLSWORTH & ASSOCIATES, PLCC - RODNEY ELLSWORTH PLS NO. 10944 - ROS NO. 1702922
RS2 - RECORD OF SURVEY - PETERSON LAND SURVEYING - FRANK PETERSON PLS NO. 14750 - ROS NO. 1684071
RS3- RECORD OF SURVEY - ELEVATED LAND SURVEYING - SPENCER MCCUTCHEON PLS NO. 20807 - ROS NO. 1784987
S1 - AMMON PARK CENTER DIVISION NO. 3 - DAVID E. BENTON PLS 722 - INST NO. 1319310
$2 - TRAILWOOD VILLAGE DIVISION NO. 9 - DAVID E. BENTON PLS 722 - INST NO. 1185146
$3 - BURR SUBDIVISION DIVISION NO. 1 - DAVID E. BENTON PLS 722 - INST NO. 1239451
S4 - BRIARWOOD SUBDIVISION DIVISION NO. 4 - DAVID E. BENTON PLS 722 - INST NO. 1056057
R1 - WARRANTY DEED - R&R SPORTS KKC - INST NO. 1721455
BASIS OF BEARING
ALL MEASURED BEARING SHOWN HEREON RELATE DIRECTLY TO THE "CITY OF IDAHO FALLS COORDINATE SYSTEM OF
2004" WHICH IS DERIVED FROM THE IDAHO STATE PLANE COORDINATE SYSTEM (EAST ZONE 1101) US SURVEY FEET AND
USING A COMBINED SCALE FACTOR OF 1.000277265 FOR A GRID TO GROUND CONVERSION, NAD_83 (2011), EPOCH
2010.0000. THE SYSTEM ORIENTATION IS BASED ON GRID NORTH ALONG THE EAST ZONE CENTRAL MERIDIAN. NO
CONVERGENCE ANGLE HAS BEEN APPLIED.
SHEET 2 OF 2
CLIENT
R&R SPORTS LLC
SURVEYED:
FIELD WORK:
42-2
|. COPYRIGHT =|
ALL REPORTS, DESIGN, FIELD DATE,
FIELD NOTES, DRAWINGS,
SPECIFICATIONS,
ELEVATED
LAND SURVEYING
3534 APOLENA AVE IDAHO FALLS, ID
435-633-3012
Page 34 of 52
Date:
November 5, 2026
To:
Mayor Powell and City Council
Presenting:
Cindy Donovan – Planning Director
Subject:
Staff Report regarding the North Village Division 5 and Division 6 Standard Development
Agreement.
North Village Division 5 & 6 Standard Development Agreement
Staff Recommendation
-
Staff recommends approval of the standard development agreement.
Compliance
-
This application is in compliance with City Ordinance Title 10 Chapter 40.
Criteria for Decision
-
Title 10, Chapter 40 – Development Agreements
Summary of Analysis
1. The Commission recommended approval of the preliminary plat on October 19, 2022
2. The North Village Preliminary Plat was approved by the City Council on November 3, 2022
3. Divisions 5 and 6 will be the final divisions of the North Village Subdivision.
4. Developer requested the parks contribution be waived for Divisions 5 and 6 since, Division 5 will
have an improved greenspace area. The following amendments were made to item 6.33:
Developer shall pay the amount of $763.00 per detached dwelling unit and $544 per attached
dwelling unit, at the time of the issuance of the building permit, per residential unit to be
dedicated to parks and open space improvements within the general vicinity of the proposed
development. Developer shall use commercial grade playground equipment and build to the
concept presented to the City Council on October 15, 2026 shown in Exhibit C. Playground and
Park area shall be completed prior to the first Certificate of Occupancy in Division 5.
5. Division 6 will connect Hazen Drive into the Olsen Park Subdivision to the north.
6. Special Conditions:
● SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per lot for the
incurred cost of the construction of Well 13, storage tank, and surrounding property.
● SC-2: Developer shall complete or contribute to all improvements required based on the
studies provided, in compliance with City Code 11-1-6 L.
i. Traffic Study: 49th South/25th East Westbound Slip Lane – Completed, paid their
proportionate share of $4,258, as required, in the North Village Division 1
Development Agreement.
ii. 25th East Widen to 3 lanes north of 49th South – shall provide proof of payment
of their proportionate share, $3,480.88 to the City of Idaho Falls prior to first
building permit, as required, in the North Village Division 1 Development
Agreement.
iii. 49th South/Ammon Road install traffic signal – Completed, Developer shall pay
their proportionate share of 7.2% of construction costs prior to first building
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 1
Ammon City Council
November 05, 2026
Page 35 of 52
permit for the lots adjacent to Taylorview Lane or Olsen Park but no later than
January 1, 2032 as required in the North Village Division 2 Standard
Development Agreement, a portion of this cost may include design plans for the
signal at the intersection of 49th South and Ammon Road.
iv. Water Study: Completed paid $392,000 for groundwater rights, and will pay
$789.61 per lot with building permit
v. Wastewater Study: Completed with annexation into the Eastern Idaho Regional
Sewer District (EIRSD) and payment of ERU’s to EIRSD per division
vi. Floodplain Study: Completed, new FEMA map of the area effective February 1,
2023
vii. Level 1 Environmental Study: Completed, showed no presence of environmental
waste
viii. Fiscal Impact Analysis: Completed, will show positive returns to the General
Fund after initial developed year.
● SC-3: Improvements to 49th South – Completed, Developer shall remove asphalt from
the east entrance to the west side of the County property on the north side of 49th
South and shall improve the 49th South frontage from the east entrance to the adjacent
County property to the west using the approved cross section for three (3) lanes from
centerline to the north prior to November 1, 2026. City shall pay half of the approved
costs involved in the construction project. These improvements shall include but are not
limited to curb, gutter, and sidewalk, and shall be constructed according to City of
Ammon adopted standards.
● SC-4: The Ammon North Village Development shall contain no more than eighty-five (85)
townhomes.
● SC-5: Developer shall provide green space/park space equivalent to the amount of area
shown in the preliminary plat for area north of 49th South.
● SC-6: Developer shall construct an eight (8) foot paved pathway through the Ammon
North Village property to connect from 49th South to the Olsen Park subdivision prior to
final Certificate of Occupancy for each division as the project moves north.
● SC-7: Developer shall maintain said pathway through completion. Once completed the
City shall maintain the pathway.
● SC-8: Developer shall require all construction vehicles to obtain access from 49th South,
not through current subdivisions.
● SC-9: Developer shall connect Hazen Road between North Village and Olsen Park prior to
first building permit of Division 6.
Development Contributions:
-
Water Rights – Development will use pressurized irrigation
-
Road Construction – The North Village Subdivision will improve the project’s frontage on 49th
South, contribute proportionate share for 49th South/25th East westbound slip lane, contribute
proportionate share for the widening of 25th East to 3 lanes north of 49th South, and contribute
proportionate share for the installation of a traffic signal at 49th South/Ammon Road.
-
Parks – Developer requested the parks contribution be waived for Divisions 5 and 6 if they were
to place playground equipment and pickle ball courts on 1.229 acres of required greenspace.
Negotiations occurred with the final outcome being the revised item 6.33 in the development
agreement. Developer will have the ability to pay per building permit versus paying the
contribution per division prior to building permits.
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 2
Ammon City Council
November 05, 2026
Page 36 of 52
-
Law Enforcement – shall pay the amount in the current City of Ammon Fee Resolution at the
time of the issuance of the building permit, per residential unit
Parcel Characteristics:
-
General Location: north of East 49th South (Township Road), east of Streeter Avenue, south of
Taylorview Lane, and west of 35th East (Ammon Road).
-
Acres: 16.245 acres
-
Zoning: R-1 and R-2
-
Lots: 58 lots (36 R-1 lots and 22 R-2 lots)
Applicant’s Request:
-
Approval of North Village Division 5 & 6 Standard Development Agreement
-
Presented by Curtis Johnson, Rockwell Homes and Blake Jolley, Connect Engineering
Motion Based on Staff Recommendation
I move to approve the North Village Division 5 and 6 Standard Development Agreement (state
any requirements for approval, if applicable).
Attachments:
1. North Village Division 5 & 6 DRAFT Standard Development Agreement
2. Playground area
2135 South Ammon Rd., Ammon, Idaho 83406
City Hall: (208) 612-4000
www.cityofammon.us
Page | 3
Ammon City Council
November 05, 2026
Page 37 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 1 of 14
STANDARD DEVELOPMENT AGREEMENT
(CITY OF AMMON/NORTH VILLAGE DIVISION 5 AND 6)
THIS AGREEMENT, made and entered into this 5th day of November, 2026, by and
between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of
Idaho, Party of the First Part, hereinafter called the “City,” and Rockwell Homes, Inc., an Idaho
Corporation, Party of the Second Part, hereinafter called the “Developer.”
RECITALS:
WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land
in Bonneville County, Idaho, more particularly described on Exhibit “A” attached hereto and made
a part hereof; and
WHEREAS, the Developer, as sole owner of said land, has made request to the City of
Ammon to have the same accepted as a subdivision to said City and has submitted to the City a
plat thereof which has been approved by the Planning and Zoning Commission and the City
Engineer of the City, and
WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon;
and
WHEREAS, on June 15, 2022, the North Village preliminary plat was approved by the
Planning and Zoning Commission; and
WHEREAS, on November 3, 2022, the North Village preliminary plat was approved by
the City Council; and
WHEREAS, on October 7, 2026, the North Village Division 5 final plat was approved by
the Planning and Zoning Commission; and
WHEREAS, on October 7, 2026, the North Village Division 6 final plat was approved by
the Planning and Zoning Commission; and
WHEREAS, on October 15, 2026, the North Village Division 5 final plat was approved by
the City Council; and
Ammon City Council
November 05, 2026
Page 38 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 2 of 14
WHEREAS, on October 15, 2026, the North Village Division 6 final plat was
approved by the City Council; and
WHEREAS, the City Engineer has recommended to the City Council of the City that such
subdivision be accepted subject to certain requirements and obligations on the part of the
Developer;
WHEREAS, on November 5, 2026, the Mayor and City of Council of the City of Ammon,
Idaho, considered the North Village Division 5 and 6 Standard Development Agreement for
approval; and;
WHEREAS, the City Council has agreed to accept platting of said lands subject to the
following terms and conditions:
NOW THEREFORE, in consideration of the above recitals and the mutual covenants and
agreements herein contained and other good and valuable consideration, the sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
1.
INCORPORATION OF RECITALS.
The Recitals set forth above are hereby
incorporated into and made an integral part of this Agreement.
2.
EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective as of the
date approved by the City Council.
3.
TERM OF AGREEMENT. All rights related to this agreement, including all
Developer’s rights herein, shall expire if no building permit has been issued within five (5)
years of the Effective Date.
4.
DEVELOPER. The term “Developer” and the language of this agreement, whether it is
more than one developer, shall be construed as plural, and if there are any parties that are
feminine or are firms or corporations, the masculine shall include the feminine and the
neuter. All terms and conditions of this agreement shall run with the land.
5.
INCORPORATION OF RELATED AGREEMENTS, APPROVALS, PLANS,
PERMITS AND OTHER DOCUMENTS.
5.1.
The following agreements, approvals, plans, permits and other documents are
hereby incorporated into and made an integral part of this Agreement by reference
as if restated herein in full.
5.1.1.
Second Amended Annexation Agreement approved by the Ammon City
Council on: July 21, 2022. If no building permits are pulled within 5 years
from this date all Special Conditions within the agreement may be
renegotiated.
5.1.2.
Preliminary Plat approved by the Ammon City Council on November 3,
2022.
5.1.3.
Planning and Zoning Commission recommended approval of the Ammon
North Village Division 5 Final Plat on October 7, 2026.
5.1.4.
Planning and Zoning Commission recommended approval of the Ammon
North Village Division 6 Final Plat on October 7, 2026
Ammon City Council
November 05, 2026
Page 39 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 3 of 14
5.1.5.
Ammon North Village Division 5 Final Plat approved by the Ammon City
Council on October 15, 2026.
5.1.6.
Ammon North Village Division 6 Final Plat approved by the Ammon City
Council on October 15, 2026.
5.1.7.
Improvement Drawings approved by the City Engineer on _____________.
5.2.
Any material failure to comply with the terms and conditions of any of the above-
referenced agreements, approvals, plans, permits and other documents shall
constitute a breach of this Agreement.
5.3.
In the event of any inconsistency between the terms and conditions of this
Agreement and the agreements, approvals, plans, permits and other documents
listed above, the terms and conditions of this Agreement shall govern.
5.4.
Except as provided otherwise in this Agreement, development of the Project shall
be vested and governed by policies, procedures, guidelines, ordinances, codes and
regulations of the City governing land use in effect as of the Effective Date of this
Agreement. Any amendments or additions made during the term of this Agreement
to City policies, procedures, guidelines, ordinances, codes or regulations shall not
apply to or affect the conditions of development of the Project; provided, however,
the following are exempt from vesting under this Agreement:
5.4.1.
Plan review fees and inspection fees;
5.4.2.
Amendments to building, plumbing, fire and other construction codes;
5.4.3.
City enactments that are adopted pursuant to State or federal mandates that
preempt the City’s authority to vest regulations.
6.
GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and
severally, for himself, his heirs, representatives, itself, their successors and assigns, does
hereby covenant, agree, and represent as follows:
6.1.
That Developer will, before any construction is commenced, file or cause to be filed
with the City Engineer a complete set of street, sewer, water, and drainage
improvement plans for each proposed plat. Said improvement plans shall also show
the proposed location of other utilities, i.e., telephone, gas, electricity, and irrigation
facilities, and such others as may affect or be affected by the subdivision
development on such property. Such plans and utility improvements shown thereon
shall meet the approval of the City Engineer and shall be incorporated herein and
made a part hereof by reference. The Developer shall construct and install all such
improvements in accordance with the current Edition of the Idaho Standards for
Public Works Construction adopted by the City of Ammon including compliance
with all other City codes and ordinances including the City of Ammon standards as
adopted. Acceptance of improvements to be determined by the City of Ammon only
after completed inspections and certification provided by Developer from a
licensed, professional engineer certifying that said subdivision construction has
been completed in compliance with the published standards. The Developer shall
make a formal request in writing to the City of Ammon City Engineer for final
acceptance of all said improvements.
6.2.
That Developer, shall, at their own expense, construct and install all sanitary
sewers, storm drains, pumping stations, water lines and appurtenances, fire
hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains,
streets, street surfacing, street and regulatory signs, parks, recreation amenities,
Ammon City Council
November 05, 2026
Page 40 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 4 of 14
open spaces, and/or other needed street or utility improvements as shown on the
improvement plans. The Developer shall have the option to create a “dark sky”
community, conforming with the International Dark Sky Guidelines. The
Developer will phase the construction of roads and utilities as shown on the
development drawings. Acceptance by the City, will be given for each
improvement, upon the City Engineer finding the improvement meet standards, can
be maintained by the City of Ammon, and will provide public benefits to the
Ammon community.
6.3.
That Developer, its successors or assigns will, at their own expense, construct and
install all storm drainage systems and storm drain retention pond(s) as shown on
the improvement plans. Retention ponds shall be sprinkled and landscaped
following the standards for sprinklers and landscaping of retention ponds in the
City of Ammon. Acceptance of the area as a retention area will occur only after
completion and acceptance of drainage infrastructure, landscaping, sprinkling, and
any public amenities necessary for the retention pond consistent with any
improvement drawings and which benefit the neighboring property and the City of
Ammon. Additional improvements shall be required by the City on a case-by-case
basis to ensure that the retention areas are a public benefit to the Ammon
community. Additional improvements may include playground equipment, park
amenities, walking paths, park structures, recreation amenities, or other
improvements that enhance the public open space and provide benefit to the
development and the Ammon community. Satisfactory acceptance by the City of
any above-grade improvements to retention areas shall be determined by the City
Administrator. The Developer shall maintain ownership and maintenance of all
retention ponds, sprinklers, and open areas. Storm drainage systems shall be
conveyed to the City of Ammon.
6.4.
That Developer shall require all contractors involved in constructing the
subdivision improvements to furnish a minimum two (2) year warranty on all
materials and workmanship involved. Additional warranty periods may be required
in writing by the City on certain materials and products. Said period of warranty
shall run from written acceptance given by City
6.5.
That Developer shall comply with all City requirements in effect at the time
construction is commenced on each said lot. That the Developer shall sell no lots
at less than the size required in the zoning for such property. Lot lines may be
changed by owners, but no additional building sites may be created without first
amending the plat of record. All building and zoning codes must be complied with
in the event of any change.
6.6.
That Developer will obtain easements, design and construct the sanitary sewer lines
as shown in the improvement drawings within the development. An 8” diameter
sewer line is the general city standard. However, size of sewer line for the subject
property will have to be individually established based upon the topography of the
development and engineering standards, as approved by the City Engineer. Should
City elect to have installed sewer line in excess of the size needed for this subject
development, to accommodate development beyond the subject development, the
City may agree to reimburse the Developer only for the material upsizing cost.
Developer shall provide the City Engineer with clearly itemized costs of the
Ammon City Council
November 05, 2026
Page 41 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 5 of 14
materials as provided by the pipe supplier. City shall approve the oversized sewer
line in writing in advance of said project going forward. Reimbursement shall
occur upon written acceptance by the City Engineer of said lines. All sanitary sewer
design and installation shall comply with the Idaho Standards for Public Works
Construction (ISPWC) or other standards as adopted by the City at the time of
construction. The property described herein will be serviced by the City of Ammon
sewer system, unless specifically agreed to by both developer and the City of
Ammon.
6.7.
That Developer will obtain easements, design and construct the water line as shown
in the improvement drawings within the Development. An 8” diameter water line
is the general city standard. However, size of water line for the subject property
will have to be individually established based upon the topography of the
development and engineering standards, as approved by the City Engineer. Should
the City elect to have installed water line in excess of the size needed for this subject
development to accommodate development beyond the subject development, the
City may agree to reimburse the Developer only for the material upsizing cost.
Developer shall provide the City Engineer with clearly itemized costs of the
materials as provided by the pipe supplier. City shall approve the oversized water
line in writing in advance of said project going forward. Reimbursement shall
occur upon written acceptance by the City Engineer of said lines. That the
Developer shall be responsible for extending City water lines to said development
through adjacent property if water is required prior to adjacent developers
extending water lines to Developer’s property. The property described herein will
be serviced by the City of Ammon water system, unless specifically agreed to by
both Developer and the City of Ammon.
6.8.
Developer shall construct a temporary access for all construction related to the
project and shall not use existing streets for accessing the development. If no
temporary access can be constructed and Developer must use existing streets for
access, Developer shall complete a pre-construction survey of the street conditions
for all public streets and related infrastructure that provide access to the
development prior to commencement of all construction. The street survey shall be
completed by a Professional Engineer licensed in the State of Idaho assessing the
existing conditions prior to commencement of any construction. At the conclusion
of the project, a post-construction survey shall be completed by a Professional
Engineer licensed in the State of Idaho assessing any damages caused by
construction of the development. Developer shall mitigate and pay or otherwise
reimburse City for all damages to the streets caused by construction of the
development as directed by the City Engineer.
6.9.
That Developer will reimburse the City for all costs associated with checking and
approval of subdivision plats and improvement drawings.
6.10.
That Developer shall prepare, execute, and record protective covenants that are not
in variance with the zoning established by the City.
6.11.
That Developer shall construct and install all such improvements in strict
accordance with the filed and approved street (including adjacent arterial and
collector roads), sewer, water, and drainage improvement plans and the City
Ammon City Council
November 05, 2026
Page 42 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 6 of 14
standard drawings and construction specifications current and in effect at the time
the construction of said improvements is accomplished, or as otherwise agreed
between the Developer and the City if the standards and specifications are more
restrictive and onerous at the time of construction than at the time of the execution
of this document.
6.12.
That Developer shall pay or reimburse City for its reasonable share of all street
improvements adjacent to the development, including water mains and lines, sewer
lines, street paving, bridges, and other improvements such as but not limited to curb,
gutter, sidewalks, and street lights, and does covenant that the City shall not have
any maintenance responsibilities for the same until expiration of the two (2) year
warranty period as provided for in the paragraph above, provided such
improvements are constructed by Developer.
6.13.
That Developer shall provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion or portions of said street
or utility improvements he intends to complete at that time. Developer agrees to
make such modifications and/or construct any temporary facilities necessitated by
such phase construction work as shall be required and approved by the City
Engineer.
6.14.
That Developer shall immediately upon the completion of any such constructed
portion, portions, or the entirety of said development, notify the City Engineer and
request his inspection and written acceptance of such completed utility or street
construction.
6.15.
That Developer hereby agrees that, upon a finding based upon the sole discretion
of the City Council, duly entered in the official minutes of the proceedings of the
City Council, that a portion or portions or the entirety of said utility or street
improvements described in item 6.1. above, need to be completed, in the interest of
the health, welfare, and/or safety of the inhabitants of the City, the Developer will
within thirty days or such other reasonable time as defined by the City, construct
said needed utility or street improvement. If Developer does not construct within
said time after written notification of by the Council, the Developer will pay to the
City the cost of such construction as the City shall order after conference with the
Developer. Provided, however, the City Council shall not make the findings set
forth in this paragraph except at a regular or special meeting of the Council and
unless the Developer has been notified in writing of the time and place of such
meeting of the City Council at least ten (10) days prior thereto and has been given
an opportunity to be present in person or by counsel and to be heard on the merits
of the proposed finding. At or before such hearing, the City Engineer shall furnish
the Developer a cost estimate for completing said improvement. In the event the
City elects to construct the utilities or street improvements as provided for in this
Development Agreement and in the site plan, this Development Agreement shall,
upon recording this Development Agreement, constitute a lien against all property
in said Development other than those portions for which an occupancy permit has
been issued.
6.16.
That Developer further agrees that upon his having received written notification
from the City Engineer that any of the requirements herein specified have not been
Ammon City Council
November 05, 2026
Page 43 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 7 of 14
complied with, the City shall have the right to withhold the issuance of any
certificates of occupancy and the issuance of building permits within such annexed
area until such time as all requirements specified herein have been complied with;
provided, however, that the Developer shall have the right to appear before the City
Council at any regular meeting after any Certificate of Occupancy shall have been
denied and shall have the right to be heard as to why such certificate or certificates
should be issued. The Council shall then decide whether such certificate or
certificates shall be issued and its decision shall be final, except that the rights of
parties are preserved at law and equity.
6.17.
That Developer agrees and covenants that prior to any construction or any
improvements upon any of the area herein agreed, there shall be a preliminary plat
approved by the Planning and Zoning Commission and approved by the City
Council and the City Engineer, as to any areas where improvements are to be
commenced.
6.18.
That Developer shall dedicate to the City that portion of the proposed property
shown on the plats as public streets, easements, and public ways. Any property
dedicated to the City for future expansion of a public street shall be landscaped in
accordance with City standards and maintained by the Developer, until such time
the property is sold. Then said property shall be maintained by the adjoining
landowner, or their assigns until such time the roadway is constructed.
6.19.
That Developer shall reimburse City for all past and future costs of publications
relative to this development until the development is completed in full. Said costs
shall include but are not limited to publication costs for notices of public hearings
for development agreement and zoning changes, ordinance publication costs for
development and public hearings, etc.
6.20.
In accordance with Idaho Code 67-6537, surface water is required as the primary
water source for irrigation. Developer shall construct said pressurized irrigation
system consistent with pressurized irrigation system standards and based on
approval by the City Engineer. Developer shall construct a pressurized irrigation
system to service all lots, parcels, and common areas within the subdivision.
Developer shall receive approval of the pressurized irrigation system design prior
to installing any components of the system. Pressurized Irrigation system shall
become property of the City of Ammon, provided the following criteria are met: 1)
Construction of the system is complete; 2) Developer has shown the system is fully
operational for one (1) full operational season; and 3) Developer has shown the
system is capable of providing the primary water source for irrigation to all lots and
parcels within the subdivision. Developer shall be responsible for all defects and
deficiencies in the pressurized irrigation system for two (2) years from the date it
is turned over to the City of Ammon. A guarantee of completion in accordance with
City Code 10-29-17 shall be provided prior to issuance of building permits within
the subdivision. Upon transfer of the system to the City of Ammon, the City shall
be responsible for all operations and maintenance of the pressurized irrigation
system. If surface water is not deemed reasonably available minimum
compensatory groundwater rights, deemed acceptable by the City of Ammon, may
be purchased and transferred to the City of Ammon in accordance with City Code
8-10.
Ammon City Council
November 05, 2026
Page 44 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 8 of 14
6.21.
That Developer agrees no well to provide culinary, irrigation or water for any other
use without the written permission by the City Engineer, shall be drilled upon said
property after the recording date of this development agreement. Further that any
ground water rights including any existing well, lines or other infrastructure on the
property shall be dedicated or transferred to the City of Ammon.
6.22.
That prior to the approval of a final plat in said subdivision, Developer shall
construct and install all Public improvements as required by the approved
improvement drawings for said subdivision. Public improvements shall include but
not be limited to: roads, phone, electric, public water, public sewer, fire protection,
cable, fiber ducts, fiber vaults, lighting and required landscaping, curb, gutter,
sidewalks and drainage systems.
6.23.
That Developer shall be required to construct and install all Public improvements
as required by the approved improvement drawings for each subdivision or division
thereof prior to the issuance of any building permit for said subdivision or produce
a guarantee of completion in compliance with City Code 10-29-17. This guarantee
of completion shall be provided in lieu of completing all infrastructure
improvements prior to issuance of building permits within a subdivision as required
in the City of Ammon.
6.24.
That when arterial roadway or infrastructure is required as part of a preliminary plat
on property located within this agreement; the Developer shall install street lights
as required by the City Engineer on the improvement drawings for the development.
Those lights shall meet the most current standards for arterial street lighting as
adopted by the City of Ammon or the equivalent as offered by Rocky Mountain
Power.
6.25.
That Developer shall pay any front footage fees applicable to said property.
6.26.
That Developer shall request that the City form a lighting district upon recording
of a final plat related to this agreement. Said district shall include all public
street/security lighting related to the property within the boundaries of this
agreement. Developer agrees to pay for or reimburse City for all costs associated
with the formation of said lighting district.
6.27.
That Developer shall conduct and provide a traffic study in accordance with the
current BMPO Access Management Plan Section 6.3. The traffic study shall be
prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho
which has expertise in traffic studies. See Exhibit B at the end of this document.
The developer shall pay for all traffic improvements recommended by the traffic
study that are necessary to address public health, safety and welfare. Prior to
issuance of any Certificate of Occupancy for the Development, all traffic
improvements recommended by the traffic study shall be complete and approved
by the City Engineer.
6.28.
That Developer shall provide required street markings and signage to match city
standards and BMPO Connecting Our Communities directives to include such
markings and signage as required by the City Engineer.
Ammon City Council
November 05, 2026
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AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 9 of 14
6.29.
That Developer shall petition the Eastern Idaho Regional Sewer District (EIRSD)
for approval to service the wastewater requirements of the subdivision. That
Developer agrees to pay the EIRSD fee as constituted by EIRSD prior to the time
of the building permit application. Developer shall provide proof of payment to the
City. Developer acknowledges that the City of Ammon cannot guarantee sewer
capacity will be sufficient for the development and cannot award capacity on behalf
of EIRSD. Developer acknowledges that EIRSD provides wastewater treatment for
this development and that the City of Ammon provides no representation to the
Developer, by the signing of this agreement or otherwise, as to the availability of
wastewater treatment. City shall not issue building permits until EIRSD provides
written verification that the development can be served for wastewater treatment.
All other requirements necessary for the issuance of building permits, as required
by the city, must also be met.
6.30.
Developer shall install fiber duct and handhold boxes as provided for by City
standards for fiber installation at the time of construction. In addition, thereto, the
City shall collect and the Developer/property owner shall pay, the amount set by
the fee schedule as adopted by the City Council when the building permit is issued.
6.31.
Developer and/or property owner shall designate on the required building site plan
the location where fiber duct end will terminate. All installation of fiber duct and
related infrastructure shall be installed pursuant to the standards adopted by the City
of Ammon.
6.32.
City shall, upon notification that the fiber duct has been installed, schedule
installation of fiber and any other related equipment and infrastructure.
6.33.
Developer shall pay the amount of $763.00 per detached dwelling unit and $544
per attached dwelling unit, as provided in the current City of Ammon Fee
Resolution at the time of the issuance of the building permit, per residential unit to
be dedicated to parks and open space improvements within the general vicinity of
the proposed development. Developer shall use commercial grade playground
equipment and build to the concept presented to the City Council on October 15,
2026 shown in Exhibit C. Playground and Park area shall be completed prior to the
first Certificate of Occupancy in Division 5. All of the Parks Contribution Fees for
Division 5 and 6 shall be paid prior to issuance of any building permit.
6.34.
Developer shall pay the amount, as provided in the current City of Ammon Fee
Resolution for the Law Enforcement Contribution Fee at the time of the issuance
of the building permit, per residential unit to be dedicated to the law enforcement
contract.
7.
SPECIAL CONDITIONS. That this Standard Development Agreement shall be subject
to the following special conditions. To the extent otherwise inconsistent, special conditions
shall take the precedent over all other terms:
7.1.
SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per lot for
the incurred cost of the construction of Well 13, storage tank, and surrounding
property.
Ammon City Council
November 05, 2026
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AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 10 of 14
7.2.
SC-2: Developer shall complete or contribute to all improvements required based
on the studies provided, in compliance with City Code 11-1-6 L.
a. Traffic Study:
i.
49th South/25th East Westbound Slip Lane – Completed, paid their
proportionate share of $4,258, as required, in the North Village Division
1 Development Agreement.
ii.
25th East Widen to 3 lanes north of 49th South – shall provide proof of
payment of their proportionate share, $3,480.88 to the City of Idaho
Falls prior to first building permit, as required, in the North Village
Division 1 Development Agreement.
iii.
49th South/Ammon Road install traffic signal – Completed, Developer
shall pay their proportionate share of 7.2% of construction costs prior to
first building permit for the lots adjacent to Taylorview Lane or Olsen
Park but no later than January 1, 2032 as required in the North Village
Division 2 Standard Development Agreement, a portion of this cost may
include design plans for the signal at the intersection of 49th South and
Ammon Road.
b. Water Study: Completed paid $392,000 for groundwater rights, and will pay
$789.61 per lot with building permit
c. Wastewater Study: Completed with annexation into the Eastern Idaho Regional
Sewer District (EIRSD) and payment of ERU’s to EIRSD per division
d. Floodplain Study: Completed, new FEMA map of the area effective February
1, 2023
e. Level 1 Environmental Study: Completed, showed no presence of
environmental waste
f. Fiscal Impact Analysis: Completed, will show positive returns to the General
Fund after initial developed year.
7.3.
SC-3: Improvements to 49th South – Completed, Developer shall remove asphalt
from the east entrance to the west side of the County property on the north side of
49th South and shall improve the 49th South frontage from the east entrance to the
adjacent County property to the west using the approved cross section for three (3)
lanes from centerline to the north prior to November 1, 2026. City shall pay half of
the approved costs involved in the construction project. These improvements shall
include but are not limited to curb, gutter, and sidewalk, and shall be constructed
according to City of Ammon adopted standards.
7.4.
SC-4: The Ammon North Village Development shall contain no more than eighty-
five (85) townhomes.
7.5.
SC-5: Developer shall provide green space/park space equivalent to the amount of
area shown in the preliminary plat for area north of 49th South.
7.6.
SC-6: Developer shall construct an eight (8) foot paved pathway through the
Ammon North Village property to connect from 49th South to the Olsen Park
subdivision prior to final Certificate of Occupancy for each division as the project
moves north.
7.7.
SC-7: Developer shall maintain said pathway through completion. Once completed
the City shall maintain the pathway.
7.8.
SC-8: Developer shall require all construction vehicles to obtain access from 49th
South, not through current subdivisions.
7.9.
SC-9: Developer shall connect Hazen Road between North Village and Olsen Park
prior to first building permit of Division 6.
Ammon City Council
November 05, 2026
Page 47 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 11 of 14
8.
MISCELLANEOUS PROVISIONS.
8.1.
Covenant Running with the Land/Successors and Assigns. Unless this
Agreement is modified by mutual written agreement of the Parties or terminated by
City, this Agreement and all conditions, terms, duties and obligations included in
this Agreement shall be binding upon Owner, each subsequent owner of the
Property and every person or entity acquiring any interest in the Property. This
Agreement shall constitute a covenant running with the land burdening the Property
in favor of City and shall be binding upon Owner, its successors in interest, personal
representatives, heirs, vendees and assigns.
8.2.
Waiver. Any waiver of any of the terms or conditions of this Agreement by City
or Owner must be in writing to be effective and shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of City or Owner of
applying to any subsequent breach of any such or other covenants and conditions.
8.3.
Notices. Any and all notices, demands, requests, and other communications
required to be given hereunder by either of the parties hereto shall be in writing and
be deemed properly served or delivered if delivered by hand to the party to whose
attention it is directed, or when sent, seven (7) days after deposit in the U.S. Mail,
postage pre-paid, or upon the sending of a facsimile, followed by a copy sent by
U.S. Mail as provided herein, addressed as follows:
City:
City of Ammon
c/o City Administrator
2135 South Ammon Road
Ammon, Idaho 83406
(208) 612-4051
Phone
(208) 612-4009
Fax
Owner:
Rockwell Homes, Inc.
3539 Briarcreek Lane
Ammon, ID 83406
(208) 542-9300
Or at such other address, or facsimile number, or to such other party which any
party entitled to receive notice hereunder designates to the other in writing as
provided above.
8.4.
Attorney Fees. In the event either party to this Agreement is required to retain the
services of an attorney to enforce its rights hereunder, the defaulting party shall pay
to the non-defaulting party reasonable attorney fees and costs incurred as a result
of such default whether or not litigation is commenced and including reasonable
attorney fees and costs on appeal.
8.5.
Time is of the Essence. The parties hereto acknowledge and agree that time is
hereby made expressly of the essence with respect to each and every term,
condition, and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of and a default under this
Agreement by the party so failing to perform.
8.6.
Requirement for Recordation. The City shall record this document, including all
of the Exhibits, and submit proof of such recording to the Developer. This
Ammon City Council
November 05, 2026
Page 48 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 12 of 14
agreement must be signed within thirty (30) days of City approval. Failure to sign
within thirty (30) days will result in this entire agreement being null and void.
8.7.
No Precedent. Approval of the Standard Development Agreement shall not be
considered a binding precedent for the issuance of other development agreements.
The Standard Development Agreement is not transferable from one parcel of land
to another.
8.8.
Police Powers. Nothing contained herein is intended to limit the police powers of
the City. This Agreement shall not be construed to modify or waive any law,
ordinance, rule, or regulation, including without limitation, applicable building
codes, fire codes, zoning ordinances, subdivision ordinances, or comprehensive
plan provisions, unless expressly provided herein.
8.9.
Invalid Provisions. If any provision of this Agreement is held not valid, such
provision shall be deemed to be excised there from and the invalidity thereof shall
not affect any of the other provisions contained herein.
8.10.
Choice of Law. This Agreement shall be governed by the laws and decisions of
the state of Idaho.
8.11.
Certification of Compliance. Developer hereby certifies pursuant to Section 67-
2346, Idaho Code, that the Developer, its wholly owned subsidiaries, majority
owned subsidiaries, parent companies and affiliates, are not currently engaged in,
and will not for the duration of this Agreement, knowingly engage in, a boycott of
goods or services from Israel or territories under its control.
Developer hereby certifies pursuant to Section 67-2359, Idaho Code, that the
Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent
companies and affiliates, are not currently wholly or partly owned or operated by
the Government of China or any company that is owned or operated by the
Government of China.
IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement
by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this
agreement to be duly executed the day and the year first above written.
CITY OF AMMON, IDAHO
DEVELOPER
By:___________________________
By: ____________________________
Brian Powell, Mayor
Curtis Johnson, Rockwell Homes Inc.
ATTEST:
_______________________________
Joanna Dahm, City Clerk
Ammon City Council
November 05, 2026
Page 49 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 13 of 14
STATE OF IDAHO
County of Bonneville
On this _____ day of _______________, 2026 before me the undersigned, a Notary Public in and
for said State, personally appeared Brian Powell, known or identified to me to me be the Mayor of
Ammon, the municipal corporation that executed the attached Development Agreement and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date: __________
STATE OF IDAHO
County of Bonneville
On this _____ day of _______________, 2026 before me the undersigned, a Notary Public in and
for said State, personally appeared Curtis Johnson, known or identified to me to be the individual
that executed the attached Development Agreement and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Idaho
Residing in Bonneville County, Idaho
Commission Expiration Date:
Ammon City Council
November 05, 2026
Page 50 of 52
AMMON NORTH VILLAGE DIVISION 5 STANDARD DEVELOPMENT AGREEMENT - Page 14 of 14
EXHIBIT A
TO
DEVELOPMENT AGREEMENT
BOUNDARY DESCRIPTION
A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 2 NORTH, RANGE 38
EAST OF THE BOISE MERIDAIN
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 34 OF TOWNSHIP 2 NORTH, RANGE
38 EAST OF THE BOISE MERIDIAN (FROM WHICH THE CENTER QUARTER CORNER BEARS N
01°13'00” W 2537.42') THENCE N 01°13'00” W 1830.08' ALONG THE LONGITUDINAL CENTERLINE OF
SAID SECTION 34 TO THE NORTHWEST CORNER OF NORTH VILLAGE DIVISION No. 3 FILED IN THE
OFFICE OF THE BONNEVILLE COUNTY RECORD AS INSTRUMENT No. 1797309 POINT ALSO BEING
THE POINT OF BEGINNING;
THENCE N 01°13'00” W 341.39' ALONG THE SAID LONGITUDINAL CENTERLINE OF SECTION 34;
THENCE N 88°47'00” E 120.00';
THENCE N 90°00'00” E 854.38';
THENCE S 78°17'41” E 147.87';
THENCE N 90°00'00” E 470.37' TO THE EAST BOUNDARY LINE OF LANDS DESCRIBED IN DEED
INSTRUMENT No. 1761064;
THENCE ALONG THE EAST BOUNDARY LINE OF LANDS DESCRIBED IN DEED INSTRUMENT No.
1761064 FOR THE FOLLOWING SIX (6) COURSES;
1) S 01°33'04” W 75.49'
2) S 03°41'05” E 127.88'
3) S 04°31'04” W 77.76'
4) N 86°08'22” W 48.62'
5) S 00°35'08” W 46.68'
6) S 11°51'14” W 141.86';
THENCE N 77°30'31” W 392.93' TO A POINT ON THE EAST BOUNDARY OF NORTH VILLAGE DIVISION
No. 3 FILED IN THE OFFICE OF THE BONNEVILLE COUNTY RECORD AS INSTRUMENT No. 1797309;
THENCE N 11°51'14” E 11.93' ALONG SAID EAST BOUNDARY OF NORTH VILLAGE DIVISION No. 3;
THENCE ALONG THE NORTH BOUNDARY LINE OF NORTH VILLAGE DIVISION No. 3 FILED IN THE
OFFICE OF THE BONNEVILLE COUNTY RECORD AS INSTRUMENT No. 1797309 FOR THE FOLLOWING
FOUR (4) COURSES;
1) N 77°30'31” W 167.25'
2) N 90°00'00” W 779.34'
3) N 01°13'00” W 19.97'
4) S 88°47'00” W 180.00' TO THE POINT OF BEGINNING.
DESCRIPTION CONTAINS 13.510 ACRES MORE OR LESS
EXHIBIT B
TO
DEVELOPMENT AGREEMENT
BMPO ACCESS MANAGEMENT PLAN
MAY 2025
Ammon City Council
November 05, 2026
Page 51 of 52
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Ammon City Council November 05, 2026 Page 52 of 52
Text is extracted by machine from the official file linked on each page; the official file is the record. Sentinel Media, LLC.